Irwin Solicitors
42 Castle Street, Dalkey
T 01 284 9034 F 01 284 9046
E info@irwinsolicitors.ie
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Is a Prenuptial agreement right for me?

We all like certainty in our lives. Taking the plunge and getting married is one of those big unknowns.
To take the fear out of the situation, you may want to think about a prenup. This is where you and your betrothed talk about the unmentionable - breaking up.
While this may feel like a contradiction in terms - if you really love me why would you even bring this up?- in fact it may provide the cement to an already steady relationship.
The best of relationships go through rocky patches and trust issues such as "you only married me for my money" can be tricky.
Not if you have a Prenup in place! 
This agreement will set out who gets what on a break up.
It is a relatively new thing in Family Law and opens up the prospect of certainty for many people mired in a sea of confusion.
These documents have not been tried and tested in the Irish courts, but recent cases in the UK give weight to such agreements. The court will have to take a prenup into account in deciding whether proper provision has been made for the spouses.
Our Constitution gives the family tremendous  importance and our courts have traditionally said that anything thats plans for a breakup of a marriage is against public policy.
However, times change and if anyone has anything other than negative equity in this climate,
they may wish to protect it, particularly if they marry later in life and have children from a previous marriage. 
The new rules for Civil Partnership provide for an agreement akin to a prenup and again this can be seen as a development in the way such agreements are seen. It would be great to have legislation to give us further guidance in this area, and there is a Bill out there somewhere.In the meantime, do contact us if you would like to discuss this further.

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