Transcript of the above video:

As the title of this video suggests, we are discussing Conflicts of Law. Even amongst lawyers, just the topic Conflict of Law, or Conflicts of Law is something that causes their eyes to sort of glaze over. It is not a favourite topic of many Attorneys, Lawyers and legal professionals. I love it. Procedural law, other than Evidence and Constitutional Law, were my favourite topics in law school. Conflicts was something I excelled in, oddly enough. I don't know, it is the way my brain thinks. But conflicts gets deep and I am not going to drag you into the deep, dark black hole that is Conflicts of Law.

The point I am trying to make with regard to prenups is it is something you need at least be sort of basically aware of as a lay person if you are looking at getting a prenup. What do I mean by that? Well for example, where you are married is going to have an impact on possible later adjudication of a prenuptial agreement; the terminology in the prenuptial agreement and the relevant law in the jurisdiction not only where you are married but where that prenup may ultimately be adjudicated, is also something to bear in mind and these could be wildly different. On top of that, not only from a legal standpoint, formalities can matter in a conflicts situation. For example, notarization; it may be required in one jurisdiction, not required in another. How does that factor into the possible future adjudication? These are all things you have to think about when you are thinking about a prenuptial agreement.

Now it is kind of more the Lawyer's job to go super deep on this than it is for the lay person but it is something to be aware of and I have noticed here recently especially, I have been talking to a lot of clients and things and they have got a lot of preconceived notions regarding prenups generally and they are not even thinking about conflict of law. Prenups are actually something where I think conflicts can come up more acutely compared to other scenarios. Yeah I get it torts; a train goes off the track, it starts in one state and goes off the track and ends up in another, yeah I am not getting into hypothetical fact patterns here, but prenuptial agreements in an international context I mean even anyone can see multiple bodies of law could be involved in that scenario, that is just your starting point of analysis and it can get very, very deep. For this reason, those who are looking at prenups and just reading things on the internet and thinking "oh that's the answer to my situation", much like with tax, broad platitudes or people just saying "this is the answer regarding prenups", you need to run away from that fast because that is bad reasoning. That is somebody who is not looking at the overall case and trying to ascertain what are narrowly tailored solutions for this person or this couple under these circumstances and how will those solutions play out in the future. How could they play out in a different jurisdiction? For example the United States or here in Thailand. How could a Thai marriage have implications if a prenup is adjudicated later in the United States or vice versa? These are all things that you need to keep in mind when you are thinking of dealing with a prenup here in the Kingdom of Thailand.