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Thai-American Prenuptial Agreements

Transcript of the above video:

As the title of this video suggests, we are discussing Thai and American prenuptial agreement. Specifically we are discussing this kind of with the backdrop of US Immigration occurring. I have had a lot of people contact me with a lot of really off the wall notions about doing different things that in exigent circumstances, sort of emergency circumstances, might make sense but when you are in sort of "normal times" which whatever those are, that doesn't really make a lot of sense. So in the context of Thai and American prenups, we were dealing with all kinds of things especially during COVID when it was very difficult to travel and there were all kinds of restrictions so the things that we were able to come up with as solutions during that time period were warranted under those circumstances especially from a formality standpoint where people couldn't physically meet together in person to for example meet the requirements for a filing of a K-1 Fiancé Visa. For that reason we had to take different steps to basically figure out a solution to get them into the United States. 

Long story short and the thing I would take away from this video is there are a lot of conflict of law issues that come up in the context of any document that pertains to two nationals, two people of differing nationality and that is occurring and will have legal effect in two possible jurisdictions. Under those circumstances, adhering very precisely to formality is a really good idea just as a general rule of thumb. Now there could be a really odd fact pattern in which a really unorthodox solution may be the most warranted, but under most scenarios again and I find it really quite honestly frustrating to deal with lay people when I talk about these things and then they come back at me and they say, “well I saw on the internet, I can do XYZ, and this will be faster from this perspective" and blah blah. There's a reason I am saying what I'm saying to you when I am advising you regarding something as important as a prenuptial agreement because Conflict of Laws which is something I am actually pretty good at and there are many lawyers who view this as highly academic, but in an international context it is very, very pertinent and on top of that highly relevant to any discussion or analysis pertaining to for example a prenuptial agreement which is in effect a contract that relates to a marriage which in and of itself is a plenary act that can have long-lasting factual ramifications on both parties. You really want to have somebody or you really want to be gaining advice or taking advice from somebody who has practical experience regarding the vicissitudes if you will, of the interaction between two different sets of laws and how practically two different jurisdictions will ultimately view a prenuptial agreement. 

So the thing to take away from this video is, when dealing with Thai-American prenuptial agreement issues, honestly you need to stay away from trying to come up with your own way of doing things based on something you have read on the internet because, and this is not one of those sort of appeals to expertise per se, that's not my point, it is just at the end of the day you don't know what you don't know, and if you haven't seen the practical implications of differing jurisdictions of law and the application thereof on a given prenuptial agreement, you can get yourself into real trouble.