The somewhat thorny and delicate issue of prenuptial agreements has recently come to the fore of public consciousness. The IFA have reignited the issue by lobbying the Department of Justice to legislate for the enforceability of such agreements.

At the moment in Ireland one can enter into a prenuptial agreement but there is no guarantee that the Court will rule according to its terms in the event of legal proceedings on the breakdown of a marriage. The status of such agreements is accordingly ambiguous and therefore they offer comfort for those who may have entered into such agreements and subsequently find themselves involved in a marriage breakdown. Certainly however they can be helpful where the parties agree to apply the terms of the agreement on marriage breakdown but if there is a dispute and the matter goes to Court then the agreement can be overturned if the Court deems it appropriate.

If you are contemplating marriage and you want to enter a prenuptial agreement then the following is recommended:

Each of  the partners must have independent legal advice

The agreement must be entered into directly in contemplation of marriage

The agreement must set out that it covers what is to happen in the event of a marriage breakdown

Each partner must make full financial disclosure

The agreement must be entered into in advance of the marriage. It is advisable that it be entered into at least a month or two before the wedding date so that the parties have a reasonable amount of time to consider the agreement and its implications.

At the moment in Ireland a Court will not grant a divorce unless full and proper provision has been made for all parties. If the prenuptial agreement can be shown to make full and proper provision for the parties the Court may accept it.