Pre-Nuptial Agreement

What Is A Pre-Nuptial Agreement?

A pre-nuptial agreement is an agreement entered into by a couple who are intending to marry. It sets out how all assets will be divided should the marriage subsequently come to an end. It will outline how property, pensions, lump sum payments, maintenance etc are to be distributed in the event of a breakdown of a relationship.

 

Benefits Of A Prenuptial Agreement

The agreement can offer peace of mind to both parties before entering into marriage. It may help couples to enter into the Contract of Marriage safe in the knowledge that if they are to separate any disputes between them will be minimised.

 

Enforceability In Republic Of Ireland And Northern Ireland

Prenuptial agreements are not illegal or unenforceable, however the Courts are not obliged to enforce such agreements if the couple should separate and or divorce at a later stage. Case law shows that prenuptial agreements will be seen as a relevant factor but are not binding. However, there is nothing preventing anyone intending to marry from signing a prenuptial agreement.

In order for a Court to consider the validity and enforceability of the terms of the agreement entered into by the parties, it must be necessary that the following requirements be complied with by both sides:

• Obtain independent legal advice

• Full disclosure of each party’s financial affairs

• Review clauses in relation to maintenance into the future

• Acknowledgement that the agreement is intended to be legally binding

• Agree to percentage split of the assets, maintenance, and custody in the event of the breakdown of the marriage

The agreement must be fair and reasonable. The court must be satisfied that proper provision having regard to the circumstances has been or will be made for the spouses and any dependant members of the family. This certainly means that a prenuptial agreement is but one factor, which will be taken into consideration by a Court in Family Law Proceedings. However, well drafted, fair and transparent agreements will go a long way to ensuring that the practicalities of a break up is well managed and disputes are kept to a minimum.

Finally we quote from the case of Edgar v Edgar ([1980] 3 ALL ER 887) which, whilst not of binding authority in this jurisdictionJurisdiction
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. In the specific context of Northern Ireland and the Republic of Ireland, it is important to ascertain whether the Courts in Northern Ireland or the Republic of Ireland are entitled to try the case would, certainly be of persuasive value

“ Formal agreements properly and fairly arrived at with competent advice should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreements……. all the circumstances as they affect each of two human beings must be considered in the complex relationship of marriage”

If you wish to instruct Morgan McManus in relation to the preparation of a prenuptial agreement or indeed a postnuptial agreement we will be able to assist you. If you wish to speak to us in relation to any aspect of the foregoing we are happy to provide an initial free consultation.

 

Where you reside may determine in which jurisdictionJurisdiction
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. In the specific context of Northern Ireland and the Republic of Ireland, it is important to ascertain whether the Courts in Northern Ireland or the Republic of Ireland are entitled to try the case you may sue and of what rights you can avail. Because of our legal experience in both Northern Ireland and the Republic of Ireland, we are uniquely placed to advise people living in the border area between both jurisdictionJurisdiction
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. In the specific context of Northern Ireland and the Republic of Ireland, it is important to ascertain whether the Courts in Northern Ireland or the Republic of Ireland are entitled to try the cases on cross-border issues concerning family law. Contact our office to make an appointment with one of our experienced Solicitors.

Useful Links

• www.legalaidboard.ie

• www.citizensinformation.ie