What is a Prenuptial Agreement?
A Prenuptial Agreement is an Agreement entered into by an engaged couple setting out the division of their assets in the event that they subsequently decide to separate or divorce. In order to be a valid Pre-nuptial Agreement three important elements must exist:
Each person to the Agreement must make full disclosure of all of his or her assets.
Each person must obtain independent legal advice in respect of the Agreement.
Both parties to the Agreement must formally acknowledge that the Agreement is intended to be legally binding now and at any time in the future.
Are Prenuptial Agreements Enforceable?
The Irish Constitution recognises the family as a natural and primary unit of society. The Constitution further promises to guard the sanctity of marriage from unjust attack. Prenuptial Agreements are seen to be an attack on the institution of marriage by foreseeing its termination. Although they are not as of yet legally enforceable in Irish Law, it has been recognised by the Irish Courts that such Agreements will be referred to in Separation/Divorce Proceedings in deciding the distribution of assets. However, it is important to note that the Courts are not bound by these agreements.
Contact Maura Hurley today on 086 778 7444 or contact here