Irwin Solicitors
42 Castle Street, Dalkey
T 01 284 9034 F 01 284 9046
E info@irwinsolicitors.ie
About
Us
Download
Profile
Contact
Us

Pre Nuptial Agreements

Should I make a Prenuptial Agreement?

If you are coming to a marriage with a large amount of assets then yes. While pre nuptial agreements are not enforceable as yet in Ireland they will be taken in consideration in the determination by Court of a Separation of Divorce. The reason why pre nuptial agreements are not deemed enforceable in Ireland is because of our constitution which protects the family. Any agreement that plans on the dissolution of a marriage “is contrary to public policy”.

However times change and it is likely that such agreements will be enforceable in the future. In a country such as the US, and most European countries pre nuptial agreements are recognised and enforceable.

With the advent of the Cohabitants Act 2010. Cohabitation Agreements are enforceable. This is likely to give greater weight to pre nuptial agreements which are essentially same as cohabitations agreements in that they deal with what will happen to each persons property in the event of the termination of the relationship by either party.

Our People