Monday, October 25, 2010

Pre-nuptial agreements may be enforced

Pre-nuptial agreements, which were once associated with the rich and famous, are increasingly being considered by couples here.

Although there is nothing in Irish law to stop a couple from signing a prenuptial, there is also nothing obliging a court to enforce the agreement at present.

However, the new Family Law Bill will contain proposals for the recognition of such agreements in Irish law.

The recommendations, which are being used to form the heads of the new Bill, say the agreement should be in written form and parties should have received separate legal advice.

They also recommend that each partner should disclose all relevant financial information and the agreement should be executed not less than 28 days before the marriage.

The heads of the Bill are being prepared but as yet, there is no date for their publication.

SIC: RTE/IE