The following article looks at the issues involved in the proper drafting of a prenuptial agreement for a multinational couple.
For many American-Thai couples a premarital agreement is an effective method of making certain that all parties understand the privileges, obligations, and rights that marriage entails. The United States Embassy in the Kingdom of Thailand issues many visas to the spouses, fiances, children, and step-children of United States Citizens. As this is the case, one of the tertiary issues regarding American Immigration involves general US family law and prenuptial agreements. Some couples decide to have a prenuptial agreement executed before a marriage that is the basis for a K3, CR1, or IR1 Visa. Others choose to have a premarital agreement drafted before a Thai fiancee’s departure for America on an American fiance visa (commonly referred to in Immigration circles as a K-1 visa). With this in mind, having a premarital agreement properly drafted is very important as failure to effectively draft such a serious document could lead to unforeseen problems at a later time.
This author has previously discussed the importance of having a licensed US attorney act as a representative in US Immigration matters as “visa companies,” “visa agents” and those fraudulently claiming to be lawyers, attorneys, or both cannot represent clients before the United States Citizenship and Immigration Service (USCIS). When it comes to the subject of US prenuptial agreements, one would be well advised to retain a licensed American attorney to draft a prenuptial agreement because such an individual is trained in the workings of the common law system as it applies in the United States of America. Sadly, those fraudulently claiming legal expertise are sometimes drafting documents that are legally deficient and they jeopardize the security of a person’s assets.
The central question on the minds of many US Citizens traveling in Thailand is: how can I be sure that the person drafting my prenuptial agreement is an attorney? As with United States Immigration matters, the easiest way to verify an individual’s credentials is to simply request a State Supreme Court License, a State Bar Association Membership Card, or a US license to practice law in a Federal jurisdiction. After obtaining the individual’s credentials, it may be prudent to check with the relevant Supreme Court or Bar Association in order to ascertain whether or not the individual is an attorney licensed and in good standing in that jurisdiction.
Prenuptial Agreements are very important documents and they should be carefully drafted by someone with a rigorous legal education. Entrusting something so important to those without proper training is a risky endeavor that likely won’t be recognized until long after contact with the drafter has ceased.
About the Author:
Benjamin W. Hart is a lawyer from the United States. He currently acts as the Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, or firstname.lastname@example.org. See them on the web at: Thai Prenuptial Agreement or Thailand Prenup .
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