Transcript of the above video:

As the title of this video suggests, we are discussing prenuptial agreements and whether or not one can have two. What are we talking about here? Well Prenuptial Agreements are an interesting document in law and I am sure folks watching this video are rolling her eyes going "Yeah to you law nerd. We know you find it interesting." They are a contract but they are a contract that occurs in a very specific set of circumstances and it culminates in a plenary act which changes the status of the parties. 

What are we talking about a plenary act? Well marriage is a plenary act. It is the State saying 'you are no longer single, this person is attached to you, not just legally’. When they say the institution of marriage it does supersede to some level legality, let's put it that way. Now it is not a huge deal in the sense that marriage is something that is a very common institutional thing, but long story short it is very, very nuanced how you deal with things like prenuptial agreements. I have seen folks that want to have two; they like want to have one for Thailand and okay one for the United States. The issue becomes, because the consideration for the prenup is the marriage itself, so the laws regarding prenuptial agreements, where the marriage takes place is arguably and I would argue strenuously, highly relevant to the nature of the marriage itself because it is a plenary act at the end of the day, it's a plenary process if you will. The end of it you have changed, there's something different about you. 

Just as a for example, naturalization to citizenship is a plenary act. At the end of it, once you are naturalized you are a different thing, you are no longer what you were before. Similar with marriage, you are no longer single you are now married. It is plenary, it occurs at a factual level less so than a legal level but the laws pertaining to that plenary act are highly, highly relevant. The point I am trying to make here is, unlike with Wills and we have discussed this before. You can have a Thai Will and a Will in another jurisdiction and ne'er the twain shall meet depending on how they are structured, not so true with prenuptial agreements because there is only one marriage, there is only one plenary act and therefore two prenuptial agreements, I am not saying anything definitively here because different cases, different circumstances are going to dictate different outcomes, but it's something to seriously consider when analyzing one's options with respect to marriage if there are multiple jurisdictions at play because you want to be sure that whatever you have promulgated with respect to a prenup is in line with the law of the jurisdiction in which you are getting married and is also not going to have any problems with any kind of conflicts of laws issue possibly in that other jurisdiction. There are going to be certain circumstances where those two things are not going to align, those two things are going to be in conflict and there is really nothing you can do about it. 

So again, that is something for folks to consider. In my opinion in most cases, in the vast majority cases I would say, a single prenup is probably going to be the best. Again there are circumstances where that not may not be the case but it is something to keep in the back of one's mind.