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The Importance of a Licensed Drafter for Thai Prenuptial Agreements

By Ben Hart

Republish: EasyPublish™ Published: 30Apr2010 Word count: 437 Viewed: 363 time(s) Get Free Content For Your Site

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 Bangkok, Thailand issues a large number of visas to the fiances, spouses, children, and step-children of American Citizens. As this is the case, one of the ancillary issues regarding US Immigration involves American family law and prenuptial agreements. Many couples opt to have a Thai prenuptial agreement signed prior to a marriage that is the basis for a K3, CR1, or IR1 Visa. Others opt to have a prenuptial agreement drafted prior to a Thai fiancee's departure to the USA on a US fiance visa (commonly referred to as a K1 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 issue of premarital agreements, one ought to retain a licensed American attorney to draft a prenuptial agreement if for no other reason than the fact that they are trained in the dynamics of the common law in an American context. Unfortunately, those falsely claiming legal credentials are often drafting documents that are insufficient to ensure the security of a person's assets.

The obvious question that many Americans traveling in Thailand have is: how can I be sure that the person drafting my prenuptial agreement is an attorney? As with American Immigration matters, the best way to verify an individual's credentials is to ask for either a State Supreme Court License, a State Bar Association Membership Card, or a Federal license to practice law in a United States Federal jurisdiction. After receiving the individual's credentials, it may be necessary to check with the Supreme Court or Bar Association to be certain that 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.

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