USA-Immigration Law-Thailand’s - Pre-Nuptial Agreement is dependable protection that has been specifically written for our clients, American men marrying Thai ladies. Written in English and Thai it protects you in the USA and Thailand. Conforms to the US Uniform Premarital Agreement Act.
Our firms pre-nuptial agreement protects your pension, savings, home, business, any and all property, belongings and cash you acquire during and before your marriage and protects you from paying alimony.
If you have a pre-nuptial agreement prepared by a US based attorney it will not be defensible if challenged. Sample arguments that can be used to challenge an agreement prepared by a US attorney 1. your fiancée did not understand the agreement as it was not presented to her in her native language, 2. she was not represented by an attorney who spoke her native language and who could explain the agreement to her and answer all of her questions in her native language”. Any US judge would see these as substantial arguments if you could not produce a copy of the agreement in the Thai language signed by your wife. Any judge would quite easily side with your wife and her attorney.
The information below will help you to determine if a Pre-Nuptial agreement is right for you.
American (and Thai) community property laws state that upon divorce your spouse is entitled to half of everything that you acquired during the course of your marriage.
For example: If you were married for 3 years and during that time the home you owned (before/after you married) appreciated in value by $100,000.00, and you earned an annual salary of $75,000.00 per year for each of the three years you were married, you would need to write your wife a check for $162,000.00 at the time of your divorce.
If you did not have this money available to pay your wife the judge may order you to either turn your home over to your wife, sell your home and pay her off from the proceeds, or order you to move out and allow your wife to live in the home while you continue to pay the mortgage and all related expenses. The later is a stronger possibility when children are involved, whether they are yours or not. In addition you will most likely be ordered to pay alimony. This could be for an indefinite period or limited period. Alimony varies depending upon the individual circumstances, but is intended to maintain the lifestyle that you had previously provided to your wife during your marriage. She will need to rent a decent home, eat, purchase clothing and items for her basic needs, etc. A monthly amount can easily exceed $1,500.00 as basic apartments exceed $1,000.00 per month.
In order for a Pre-nuptial agreement to be legally binding upon your fiancée’ in the USA, it needs to be provided to your fiancee’ in the Thai language, a language she understands. In addition, she needs to be represented by legal counsel who can explain it to her so she understands her legal rights and responsibilities, as well as yours. An English speaking attorney based in the USA can not provide a pre-nuptial agreement in the Thai language and can not explain the agreement to your fiancée in her native language. Our firm provides you and your fiancee’ with the pre-nuptial agreement in both the English and Thai languages. The English language version controls in the event of questions of interpretation.
Our pre-nuptial agreement protects all of your assets acquired both prior to and during the marriage, and protects you from having to pay alimony.
The best pre-nuptial agreement will cover the following basic areas when you are marrying a Thai girl:
1. It needs to cover and conform to the laws of both the United States and Thailand. Written in accordance with the US Uniform Premarital Agreement Act.
2. Your intended wife must be represented by independent counsel. Should you choose to you can also retain an attorney in your home state to review the pre-nuptial agreement provided by our firm.
We will require your intended wife to retain independent counsel in Thailand. We will refer your intended wife to a licensed Thai attorney. Both your intended wife and her counsel will be provided with a copy of the pre-nup in the Thai and English languages. Your intended wife will sign a document (in both Thai and English) stating that she understands the pre-nuptial agreement in it's entirety, that she has been represented by independent counsel, that she has had the document fully explained to her by her counsel who has also answered all of her questions, that she is entering into the agreement freely and with a complete knowledge of the letter and intent of the agreement and that the agreement has been provided to her in both the Thai and English languages. That she is fully aware of her community property rights and freely waives those rights.
Your intended wife's attorney will also sign a document stating that he represents your intended wife, that he has fully explained the entire pre-nuptial agreement to her, answered all of her questions, and that she has indicated to him that she fully understands the agreement in it's entirety.
There are many other areas of a pre-nuptial agreement that are extremely important, but they are impossible to list here without presenting to you the entire forty three page pre-nuptial agreement. You may request that we send you sections of the pre-nuptial agreement via e-mail that are most important to you.
Our fee is 2,950.00 US dollars.
A properly executed pre-nuptial agreement takes time to prepare, two weeks notice should be provided in most cases. We are practiced at speaking with the Thai girls in such a way that they accept the agreement as a benefit to them.
Brian Wright
USA-Immigration Law-Thailand’s - Pre-Nuptial Agreement, Impenetrable, dependable protection! Specifically written for American men marrying Thai ladies. Written in English and Thai it covers the laws of the USA and Thailand. Conforms to the Uniform Premarital Agreement Act adopted by 27 states. For more information e-mail: mythaifiancee@yahoo.com
