The prenuptial agreements in the US can be very complicated. Even with the Uniform Premarital Agreement Act and that prenuptial agreements are accepted and enforced in the United States It is best to check with an attorney in Thailand before you register your marriage and apply for a US spouse visa. Prenuptial agreements in the United States are valid in all 50 states.
If however you live in one of the nation’s nine ‘community property’ states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin — the law says property accumulated during the marriage will be divided equally. Take legal advice on this issue if you live in one of these states. In all other US “equitable distribution states” the assets are normally divided according to a judgement from the court.
Prenuptial Agreements in the United States
The prenuptial agreement in the US is very important and the courts firstly look if the prenuptial agreement is valid in the United States and the conditions under which it was signed:
- Did both parties sign the agreement with two competent witnesses?
- Did your Thai wife have access to her own attorney for advice?
- Did you force her to sign the agreement?
- Did both of you understand the agreement?
- Was the agreement signed under duress?
- Are all the provisions legal?
- Are any of the provisions morally reprehensible?
- Are the provisions practical?
- Is the prenuptial agreement fair?
These are all questions which the court will consider during a divorce. With more ‘mail order brides’ entering the US these marriages and also the divorces come under closer scrutiny by the courts. With this increase the import point becomes language and the prenuptial agreement. This is one of the cornerstones of the prenuptial with a foreign bride.
- Did she understand what it meant?
- Did she have access to a lawyer to explain it to her in her own language?
- Do you have proof that it was explained to her in her own language?
When a prenup is signed and the agreement explained to your fiancée at the time the lawyer that explained it to her from another law firm needs to provide a letter of proof (certificate) to show that it was explained to her and that she understood and agreed to the terms of the agreement. Most times without written proof she could simply try and deny that she understood it or even knew about it.
Where there any unfair provisions set in the agreement that was signed? Did you state that one of the provisions what that if she did not perform ABC that she would not have access or ownership of a certain property? Was the act illegal or morally reprehensible and should the provision be excluded?
If you are getting married in Thailand and wanting to take your Thai wife back to the US then speak to an attorney in Thailand for advice and assistance with regard to marriage registration, the US visa and also about the prenuptial agreement. This is merely a rough guide to prenuptial agreements and you should speak to a lawyer for legal advice and assistance.