Prenuptial Agreements in Ireland

Prenuptial agreements have traditionally been considered legally void in Ireland. However, in 2007 a ministerial Study Group recommended limited legislative recognition of prenuptial agreements, in light of social and economic changes. The Study Group’s recommendations have never been implemented, and the legal recognition of prenuptial agreements remains controversial, largely due to fairness concerns, particularly in relation to gender equity. However, the pressure to legislate has not abated, and is particularly driven by farming lobby groups. Any future legislation is likely to draw heavily on the Study Group recommendations (particularly as broadly similar recommendations have recently been made in England and Wales). This research therefore reviewed legal developments in Ireland since the Study Group report, to evaluate the continued appropriateness of the recommendations.

 

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