Premarital Agreements, or Prenuptial Agreements, are generally not a topic that most couples pondering marriage wish to discuss. Much like the issues associated with willand estates, the topic of prenuptial agreements is somewhat taboo as most couples do not wish to think about the possibility of a possible future marital dissolution. In some cases, a prenuptial agreement may not be called for, warranted, or wanted. In any case, a brief discussion of such instruments is advisable in order to place the public at large on notice of the existence of such legal devices and their possible ramifications.
Some rules regarding construction of prenuptial agreements may depend upon the jurisdiction in which a couple marries. Usage of a prenuptial agreement may not be the correct course of action for all couples, but those reading this are simultaneously advised that consultation with an attorney may be advisable before making any irrevocable decisions regarding utilization of a prenuptial agreement.
One common misconception with respect to prenuptial agreements is the belief that they can be used to delineate the terms of child custody and child support payments after a marital dissolution. In point of fact prenuptial agreements often cannot be used for such purposes as virtually all law Courts retain jurisdiction with respect to child custody and determination of child support. Therefore, anyone who makes claims that a prenuptial agreement can be drafted for the purpose of making binding provisions with respect to child custody should be questioned regarding the details of such an assertion.
A strong prenuptial agreement should be properly drafted by a legal professional with expertise in matters pertaining to family law and, in specific cases involving a Vietnamese-American couple, the application of legal principles in an international context. Both parties to a prenuptial agreement should be permitted to have separate counsel explain the details of the premarital agreement. Should there be consensus regarding the terms of a prenuptial agreement then execution of such instruments should comport with appropriate legal formalities.
Those Vietnamese-American couples wishing to have a prenuptial agreement drafted are well advised to contact an American lawyer with appropriate licensure to practice law. Licensure may be determined by asking an American attorney to produce a license to practice law before a Supreme Court of one of the sovereign American States or one of the federal territories. In some cases, production of a State Bar Association membership card may also be utilized to prove licensure to practice law.
For information pertaining to legal services in Southeast Asia please see: Legal.