Prenup Contract for Ireland

Prenup Contract Template for Ireland

A prenuptial agreement document governed by Irish law, designed to establish the financial rights and obligations of prospective spouses before their marriage. While prenuptial agreements are not explicitly recognized in Irish legislation, they may be considered by courts as one of several factors in divorce proceedings. The document includes comprehensive financial disclosures, property arrangements, and provisions for various scenarios, with particular attention to ensuring both parties have received independent legal advice and entered into the agreement freely and with full understanding.

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What is a Prenup Contract?

A Prenup Contract is a legal document used in Ireland by couples planning to marry who wish to establish clear financial arrangements and property rights before their marriage. While Irish law does not explicitly recognize prenuptial agreements through statute, courts may consider them as one of several factors in divorce proceedings, particularly when both parties had independent legal advice and made full financial disclosure. The document typically includes detailed provisions about separate and marital property, maintenance arrangements, inheritance rights, and business interests. It's particularly relevant for individuals with significant assets, business owners, those entering second marriages, or those wishing to protect inherited family wealth. The agreement must be executed well in advance of the marriage to demonstrate absence of duress and should be regularly reviewed to maintain its relevance.

What sections should be included in a Prenup Contract?

1. Parties: Details of both parties entering into the agreement, including full legal names, addresses, and occupations

2. Background: Context of the agreement, including the intended marriage date and acknowledgment that both parties seek to define their financial rights

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

5. Full and Frank Disclosure: Statement confirming both parties have disclosed all relevant financial information

6. Separate Property: Definition and treatment of property owned by each party before marriage

7. Marital Property: Definition and treatment of property acquired during marriage

8. Income During Marriage: Treatment of income earned by either party during marriage

9. Debts and Liabilities: Handling of existing and future debts

10. Maintenance and Support: Provisions regarding spousal maintenance in case of separation

11. Dispute Resolution: Process for resolving any disputes arising from the agreement

12. Severability: Clause ensuring remainder of agreement stands if any part is found invalid

13. Governing Law: Specification that Irish law governs the agreement

14. Execution: Formal signing requirements and witness details

What sections are optional to include in a Prenup Contract?

1. International Assets: Section dealing with assets held in other jurisdictions - include when either party has foreign assets

2. Business Interests: Detailed provisions for handling business assets - include when either party owns a business

3. Inheritance and Gifts: Special provisions for inherited assets or expected inheritances - include when significant inheritance is expected

4. Children from Previous Relationships: Provisions protecting assets for children from previous relationships - include when applicable

5. Family Heirlooms: Special provisions for family heirlooms or items of sentimental value - include when relevant

6. Retirement Assets: Specific handling of pension and retirement accounts - include when significant retirement assets exist

7. Religious Requirements: Specific provisions aligned with religious requirements - include when parties have specific religious considerations

What schedules should be included in a Prenup Contract?

1. Schedule A - Assets of First Party: Detailed list of first party's assets, including property, investments, and valuations

2. Schedule B - Assets of Second Party: Detailed list of second party's assets, including property, investments, and valuations

3. Schedule C - Liabilities of First Party: Detailed list of first party's debts and financial obligations

4. Schedule D - Liabilities of Second Party: Detailed list of second party's debts and financial obligations

5. Appendix 1 - Certificate of Independent Legal Advice (First Party): Signed certificate from first party's solicitor confirming independent legal advice

6. Appendix 2 - Certificate of Independent Legal Advice (Second Party): Signed certificate from second party's solicitor confirming independent legal advice

7. Appendix 3 - Financial Disclosure Statements: Detailed financial disclosure documents from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Legal Services

Financial Services

Family Law

Wealth Management

Private Banking

Real Estate

Professional Services

Insurance

Relevant Teams

Legal

Wealth Management

Private Banking

Compliance

Risk Management

Corporate Advisory

Family Office

Estate Planning

Document Management

Relevant Roles

Family Law Solicitor

Legal Counsel

Wealth Manager

Financial Advisor

Estate Planner

Private Banker

Property Lawyer

Tax Consultant

Family Office Manager

Matrimonial Lawyer

Corporate Lawyer

Notary Public

Legal Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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