Integrity Legal

Information swirling around the internet regarding prenuptial agreements can be less than helpful or downright dangerous. One thing to bear in mind is the fact that writing one’s own prenuptial agreement is generally not a wise idea because an attorney understands the legal implications of certain language used in the agreement. Someone without legal training might be unaware of the consequences involved when using or omitting certain key phrases.

There is a rather common misconception that prenuptial agreements will be held inviolate by the courts. This is frankly not true. There are situations where a court will throw out a prenuptial agreement. For this reason, it may be doubly important that professional legal counsel be retained in order to forestall a judicial nullification of an otherwise duly formalized prenuptial agreement.

A misconception of less prevalence in the United States, but perhaps more prevalent in the Kingdom of Thailand is the idea that prenuptial agreements will be automatically thrown out of court. This belief is especially widespread among the British expatriate community in Thailand. Although it is true that British Courts take a dim view regarding prenuptial agreements, there are some instances of the court taking them into account when dividing marital property, but as a rule, they are not generally recognized. That being said, Thai courts will recognize a duly formalized prenuptial agreement and for this reason it is probably prudent for the expat with assets that he wishes to protect in Thailand to register a prenuptial agreement at the time of the Thailand Marriage Registration.

Some people believe that prenuptial agreements can make stipulations regarding child custody. It is an almost universal fact that prenuptial agreements that make provisions for child custody, particularly with regard to as-yet unborn children, will be thrown out of court, because it is the Court’s duty to make decisions regarding the child based upon the best interests of that child.

In most jurisdictions in the United States provisions can be made that will limit spousal maintenance should their be a dissolution. In any case involving the waiver of maintenance rights, it is prudent to have an independent attorney explain the agreement to the non-drafting fiancee. This forestalls the agreement being thrown out because the fiancee was ignorant of the agreements provisions at the time she signed it. Further it may be wise, depending upon the situation, to have the prenuptial agreement signed ad then let an interval of time pass before Thai marriage registration.

(Please be on notice: this post is not a satisfactory substitute for competent legal advice from an attorney. No attorney-client relationship is created between author and reader.)

Tags: prenuptial agreement Thailand, Thai MArriage Registration, Thai prenup, Thailand Marriage Registration, thailand prenuptial agreement
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The Thai legal system is based upon a system known as civil law. Unlike common law countries, civil law countries generally do not recognize marriages that are not duly registered. In a common law jurisdiction that upholds the concept of “common law marriage,” a couple that holds themselves out to the public as married can be deemed to be married by operation of law. This is not the case in Thailand where even having a wedding ceremony, referring to one another as man and wife, and sharing tax liability will generally not be enough for any court to recognize the existence of a marriage.

This marriage recognition system can have an impact with regard to US Immigration because one’s marital status in the eyes of USCIS can determine what type of visa a couple can apply for. There are some situations in which USCIS will recognize a customary marriage when the couple has no ability to register a marriage in the appropriate jurisdiction, this issue can arise in refugee marriages. However, this is the exception and not the rule. In most cases, USCIS will make determinations based upon actual marital registration status.

Therefore, if a couple has conducted a customary wedding ceremony (religious or otherwise) and has yet to register the marriage at the Amphur office, then it is likely that USCIS will view the couple’s status as unmarried. However, it may be wise to retain attorney assistance in cases where marital registration is an issue, because failure to properly explain the couple’s marital situation could lead to a visa denial by USCIS based upon the decision that the couple does not meet the statutory requirements for the visa category.

From a strategic point of view, marriage registration can be beneficial or disadvantageous depending upon where the US petitioner resides because residence will determine which USCIS office has jurisdiction. In some cases being married will qualify the couple for an Immigrant Spouse visa that would have a comparatively quick processing time because the US Citizen petitioner qualifies for overseas filing. In other cases, being unmarried may be an advantage because a K1 visa can be obtained. Regardless, decisions pertaining to marriage should not be made solely or the purpose of acquiring US Immigration benefits. It is always wise for couples to make informed and thoughtful decisions after careful research and investigation.

Issues regarding a couple’s relationship status will likely become even more complex should Congress decide to pass the Uniting of American Families Act which would entitle Permanent Partners of US Citizens to Immigration benefits.

(Please take notice: this blog post should be used for informational purposes only and should not be used in place of competent legal advice from a licensed attorney. An Attorney-Client Relationship is NOT created between the author and reader of this piece.)

Tags: Fiancee Visa Thailand, K1 Visa Thailand, Thailand Marriage Registration, us embassy bangkok, us embassy thailand, US Immigration Thailand, US Visa Thailand
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