When marrying anyone it is essential to have a prenuptial agreement in order to ensure that both parties to the marriage have limited their liability should unforeseen problems arise. This statement is no less true when contemplating marriage to a Thai fiancé or fiancée.
The Necessity of obtaining a Prenuptial Agreement for yourself and your Thai fiancé/ fiancée.
Some scoff at the idea of obtaining a prenuptial agreement before marriage to a Thai fiancé/ fiancée. These people argue that a prenuptial agreement is unnecessary and unromantic. We at Integrity Legal would suggest that in fact the opposite is true. Not only is a prenuptial agreement a valuable asset protection tool (regardless of one’s assets at the time of the marriage), it is also a foolproof way of gauging whether a Thai fiancé or fiancée is truly marrying you for love or if financial gain is his or her main preoccupation!
With Integrity Legal’s™ KWIK NUPS™ service we make the Prenuptial Agreement process as fast and simple as possible in order to minimize the chance of diminishing the romance in your relationship with your Thai fiancé/ fiancée.
Major Problems that can emerge when creating a Prenuptial agreement in Thailand.
With regard to Thailand, Prenuptial Agreements can be difficult to enforce if certain precautions are not taken at the outset to ensure the Prenuptial Agreement is properly crafted.
A Prenuptial Agreement can be rendered unenforceable under certain conditions, when dealing with a Thai fiancé/ fiancée these are some of the major issues that can arise:
- The Prenuptial Agreement is deemed unenforceable against a Thai fiancé/ fiancée because he or she could not understand what they were signing at the time they signed it.
- The Prenuptial Agreement is rendered unenforceable because the Thai fiancé/ fiancée did not have separate legal counsel to advise him or her on the matter in Thai so that he or she could render a properly informed opinion as to whether or not to sign the agreement.
- The Premarital Agreement is deemed unenforceable because it did not comply with the US Uniform Premarital Agreement Act.
- The Prenuptial Agreement is deemed unenforceable under the laws of the jurisdiction in which enforcement is sought because the Agreement does not comply with the rules governing Prenuptial Agreements in that jurisdiction. (A possible complication very often overlooked by non-licensed so-called legal professionals).
- The Prenuptial Agreement was improperly Notarized and/or Apostilled in either Thailand or the United States.
With Our KWIK NUPS™ Service Integrity Legal™ will craft an Enforceable Prenuptial Agreement before marriage to your Thai fiancé/ fiancée.
- Integrity Legal™ will craft a translated copy of the Prenuptial Agreement in both Thai and English to ensure that there is no question that your Thai fiancé/ fiancée could understand what they were signing at the time they signed it.
- Integrity Legal™ will refer your Thai fiancé/ fiancée to another law firm with a Thai attorney on staff to explain point-by-point the exact ramifications of signing the agreement. At a later date, your Thai fiancé/ fiancée will be unable to claim that they did not understand the legal aspects of signing a Prenuptial Agreement.
- Integrity Legal™ will craft an agreement that comports with the US Uniform Premarital Agreement Act.
- Other supposed “law firms” will tell you that the US Uniform Premarital Agreement Act is the end all be all when it comes to crafting a Prenuptial Agreement for you and your Thai fiancé/ fiancée. Although complying with the US Uniform Premarital Agreement Act is important, some jurisdictions have not adopted this legislation. To date, only 27 out of the 50 US States have adopted the US Uniform Premarital Agreement Act. Therefore, it is important to obtain licensed US legal counsel to ensure that the agreement comports and will be enforced under the rules of the jurisdiction in which you live.
- Not obtaining proper notarization of the Prenuptial Agreement before marrying your Thai fiancé/ fiancé could lead to a court ruling that the Prenuptial Agreement is inauthentic and therefore unenforceable. Integrity Legal™ will give you instructions on how to have the Prenuptial Agreement notarized in your home state or instruct you on how to get the proper notarization at the US Embassy in Bangkok. Also, Integrity Legal can have the agreement notarized by a Thai notary public to ensure the document and signature authenticity before a Thai court.
With Integrity Legal’s™ KWIK NUPS™ Service we can craft an enforceable Prenuptial Agreement quickly and effectively. By having this service completed while in Thailand we can ensure that a Thai lawyer will explain all aspects of the agreement to your fiancé/ fiancée. With our service you will also have the added advantage of having a licensed US Attorney craft the agreement specifically to your needs. By using Integrity Legal’s™ KWIK NUPS™ Prenuptial Agreement service you get the best service possible for your money and have an agreement specifically tailored to the unique circumstances associated with a US Citizen marrying a Thai fiancé/ fiancée. |