prenutial agreement

[naphelge]

hi everyone,

sorry if this is posted in the wrong forum, but i have been looking online & just can't seem to find anything that addresses my situation. so i thought i might ask here as some others may have experience they can share.

i am getting married soon & one of the last things i need to get information on is a prenutial agreement that is valid in thailand where we are getting married & will live for a year or so. i also want the prenup to carry over it's validity when we come back to canada. or would two separate prenups need to signed & notorized to be valid in two different countries?

i know someone is going to reply, well if you think you will need a prenup in the event you will eventually get divorced why get married in the first place? my answer to that is that i also don't plan to get mowed down in the middle of the road by a bus, but if it does happen i have insurance to hopefully cover me (if i'm still alive!:>).

so again sorry if this is posted in the wrong forum, but if not & anyone has any pointers, advice etc about international prenups i would appreciate it.

cheers,
nap

[cmk2]

Nap,

Personally, I think if you are taking the time to think about this and asking about it, you must be a smart person and are thiking about the necessary steps to ensure that you are well protected. Likewise, this type of question should be directed to your lawyer when drafting the prenup agreement. Don't take a chance with 'opinions' even if they could be the best ones in this forum They will always remain opinions ...Get professional advice on such important issues.

[thaiguy]

naphelge

If you want your prenup to have anything to do with your wife's immigration, like saying you're not responsible for supporting her in case you get divorced, you might find that your prenup is superceded by Canadian law and therefore unenforceable.

So yes .. talk to an immigration lawyer.

[naphelge]

If you want your prenup to have anything to do with your wife's immigration, like saying you're not responsible for supporting her in case you get divorced,

thaiguy, not at all. i am willing to live with my decisions to sponsor my future wife & her daughter. again i don't expect the relationship to go south & i am looking forward to long happy future together... but just in case as one can never be 100% of what the future holds.

it is just i do have substantial property going in & i would like that to be protected in the worst case scenario. and actually the girlfriend owns alot of land in thailand. what it's worth i don't know, but again in the worst case scenario i'm sure she would like to see that land stay within her family. 

Likewise, this type of question should be directed to your lawyer when drafting the prenup agreement.

in the end it will go to a lawyer. i guess i was just wondering what was available for couples who get married in one country & go to live in another, where both countries recognise prenups.

cheers,
nap

[thaiguy]

.. and actually the girlfriend owns alot of land in thailand. what it's worth i don't know, but again in the worst case scenario i'm sure she would like to see that land stay within her family. 

No problem there.  Thai law explicitly forbids foreign ownership of land - even for married spouses of Thais.

[gilipsie]

First step would be an international lawyer who can give your expert advice.  No matter what it costs, it would be worth it.