A pre nuptial agreement is an agreement or contract made between two people who intend to marry each other.  It lists the assets of both parties and sets out what happens to these assets if the marriage should come to an end. 

 

They are commonly used where one or other or both of the people wishing to get married have acquired assets prior to the marriage and they wish to preserve their assets in the event of separation.

 

This gives the couple reassurance that their property which they have spent many years building up will not be transferred away from them.  In fact such agreements give people piece of mind but the general policy of our Courts has been that an agreement about property on separation is against public policy.  Our constitution supports the family every step of the way and this undermines the concept of marriage by planning for what would happen in the event of a Divorce or Separation. The area of Family Law is constantly moving on and changing.

 

However times move on and the realities of the modern world demand real solutions.  The concept of pre nuptial agreements have been gaining ground and recent developments in the law in England mean that it is more and more likely that the Irish Courts will have regard to pre nuptial agreements in deciding whether proper provision has been made to those spouses in the event of a divorce.  There is never of course a guarantee when you go to Court on any matter but it is certainly of persuasive value to say that both parties agreed to this distribution of assets in the event of a split up.

 

The requirements of a pre nuptial agreement are;

 

1.       that both parties would have had separate legal advice

2.      that each party has listed out all of their assets at the time of the agreement

3.      that neither party has been unfairly or unduly influenced by another party

4.      that sufficient time has been given for the wedding e.g one month for a cooling off period or consideration of the decision to enter into the marriage on these terms

 

It is likely that there will be legislation on this area in the near future and such regulation would be welcome.  It would create most certainty in the area of Divorce and Separation.  This would enable people to plan their lives with more precision.

 

The concept of a pre nuptial agreement is reflected in the Civil Partnership and Co-Habitants Act of 2010 which allows the parties to enter into a Agreement which would state that the provisions of the 2010 Act would not apply to them in the event of a split.  Such agreements are essentially pre nuptial agreements in a situation where the parties do not marry. 

 

If you require any advice with regard to a pre nuptial contract please do not hesitate to contact us. 

We all like certainty in our lives. Taking the plunge and getting married is one of those big unknowns.

Guidelines have been issued by the Department of Justice for the granting of Guardianship for the fathers of children born to surrogate. mothers. The phenomenon of surrogacy has become more widespread in Family Law and it is essential to obtain leagl advice on the topic before proceeding.

The principle is set out that the woman who bears the child is recognised as the mother even though she may have been impregnated by the egg of another woman. The birth mother is recognised as having a lifelong relationship with such a child.
Where the child is born abroad, a father may apply to the courts in Ireland for a declaration of parentage, while applying for an emergency travel certificate to bring the child home.
The father must undertake to proceed with his application for guardianship within a time limit when the child is brought to Ireland.


This legislation is long overdue and it is imperative that these guidelines be made law as soon as possible.

Once a couple separates, the question comes up about how often the children will see their parents.
This is often seen as how often the parents will "have access". Questions of joint custody and guardianship get bandied around.
One parent starts feeling left out and deadlock is the result. The practice of Family Law is hugely centred on resolving this type of issue.

You can look at the problem as a parent's right to see their children of you can see it as the child's right. This is an important distinction and colours the way its dealt with.     
In Australia, there is a policy of giving parents equal time with their children. This has led to parents applying to court over inequalities in time spent by one parent. This takes the focus completely off the child. The question becomes the rights of the parent.
When a suggestion that this be introduced in England was made, this precise objection was made. 
Here in Ireland, a referendum is to be held on the rights of children.
This will relate to children in care and child protection issues but its hoped that the scheme of "access" to children will also be reviewed.
Minister for Children, Frances Fitzgerald has been active in obtaining answers  to questions on statistics of children in care and how many have Management plans.
We await further details on the text of any referendum.    
  

   

The choices in Family law are as varied as life itself. Do I stay or do I go? Do I go for a Separation or a Divorce? Am I a Cohabitant or a Civil Partner?

ALTERNATIVE DISPUTE RESOLUTION

The use of Alternative Dispute Resolution (ADR) as an alternative to litigation in the courts is increasingly popular and can be extremely cost-effective. Research has shown that mediation can, in some instances, see legal costs fall by up to 85 per cent.

2011 THE YEAR OF LEGAL CHANGE FOR THE BETTER?

The year 2011 has come in with a bang when it comes to changes and developments in the Legal World.  Firstly, the Civil Partnership Act came into being for the purpose of registering partnerships.

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At Irwin Solicitors we strive to provide a comprehensive service to our clients in the South Dublin area and further afield. Our area of specialisation is Family law.