A Prenuptial Agreement — sometimes called a Pre-Marital Contract or Ante-Nuptial Settlement — is signed before marriage and typically sets out financial rights, responsibilities, and how property will be divided if the marriage ends. For many couples, the main attraction is clarity and predictability, allowing both parties to understand their likely entitlements from the outset.

The “Clean Break” Principle

A common objective of such agreements is to achieve a financial “clean break” following divorce — where each spouse can move forward without continuing obligations to the other. While the Family Law (Divorce) Act 1996 originally allowed repeated applications for financial relief after divorce, later case law has recognised that in some circumstances — especially with substantial assets — a clean break may be both practical and fair.

Constitutional Considerations

Marriage holds a unique constitutional status in Ireland under Article 41.3.1. Some argue that Prenuptial Agreements support this right by allowing couples, particularly those entering second marriages, to protect pre-existing property and family interests. However, since the introduction of divorce in 1996, constitutional arguments in favour of Prenuptial Agreements have carried less weight.

Current Legal Position

There is currently no Irish law expressly banning Prenuptial Agreements — but equally, there is no statute requiring courts to enforce them. This contrasts with the legal recognition given to cohabitation agreements under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

For now, Prenuptial Agreements are assessed under general contract law principles. They may be upheld if freely entered into, with no duress or unfairness, and provided the terms are reasonable.

Conditions for Validity

To improve the chances of enforceability, a Prenuptial Agreement should:

• Be in writing, signed, and properly witnessed

• Be executed well in advance of the wedding

• Include full financial disclosure by both parties

• Be based on independent legal advice for each party

Even then, Irish courts retain discretion. An agreement will only be upheld if it is consistent with the constitutional principle of making “proper provision” for both spouses.

Looking Ahead

The legal landscape remains unsettled, but there is growing expectation that Prenuptial Agreements will gain statutory recognition in the future. Such reform would provide couples with certainty, particularly those with significant family or business assets at stake.

At Mary Molloy & Company Solicitors, we have seen increasing demand for Prenuptial Agreements tailored to individual circumstances. Our team can advise on drafting agreements that protect your interests while meeting Irish legal requirements.

📞 Contact us today to arrange a confidential consultation and take the first step with clarity and confidence.