Free Prenuptial Agreement - Ireland

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PRENUPTIAL AGREEMENT

THIS PRENUPTIAL AGREEMENT (the "Agreement") MADE ON THIS ________ day of ________________, ________

BETWEEN:

______________________
of __________

- AND -

______________________
of __________

BACKGROUND
This Agreement is made between ______________________ and ______________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them will not apply to them.
The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
The Parties also acknowledge that they have had the opportunity to retain their own solicitor and to receive independent legal advice regarding the terms of this Agreement.
The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
Each Party agrees and affirms THAT:
1. The Parties did execute the Agreement voluntarily;
2. This Agreement was not unconscionable when it was executed;
3. Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party;
4. They have, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and
5. They entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
The Parties acknowledge that this Agreement will continue upon termination of marriage whether by death, divorce, or otherwise.

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

PROPERTY
The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held property and the property listed in the attached Schedule "A", however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing.
Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
1. it is Shared Property; or
2. there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
DEBTS
The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
Except as otherwise provided in this Agreement, all debts will be treated as debts which are owed solely by either one of the Parties (the "Separate Debts") except where:
1. it is Shared Debts; or
2. there is proof of shared legal responsibility.
MAINTENANCE
In the event of a separation the Parties agree that spousal maintenance may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that spousal maintenance will be determined according to the appropriate laws.
ESTATES AND TESTAMENTARY DISPOSITION
Nothing in this Agreement will limit or affect any rights that each may acquire as spouse or surviving spouse in the property, assets or estate of the other spouse.
Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times except where it would produce a grossly unfair or unreasonable result.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The law of Ireland will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
ENTIRE AGREEMENT
The Agreement constitutes the entire agreement and understanding between the Parties to this Agreement and supersedes all prior communications, contracts, or agreements between these Parties with respect to the subject matter addressed in this Agreement, whether oral or written.

SIGNED before me in _________________________, this ________ day of ________________, ________ ____________________________________ Practising Solicitor / Commissioner for Oaths Name: __________________ Address: ______________________			_____________________________ ______________________

SIGNED before me in _________________________, this ________ day of ________________, ________ ____________________________________ Practising Solicitor / Commissioner for Oaths Name: __________________ Address: ______________________			_____________________________ ______________________

SCHEDULE "A"

Shared Property:

____________________________________________________________

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What is a Prenuptial Agreement?

A Prenuptial Agreement, commonly referred to as a prenup, is a contract that a couple creates before getting married. It outlines current and future financial responsibilities in case of divorce, separation, or the death of a spouse. It’s key to preparing for the future and creating a financial plan before marriage.

A Prenuptial Agreement can also be known as an antenuptial agreement.

If you’re a couple who lives together but is not planning to get married, you can use the LawDepot Cohabitation Agreement to create a financial plan similar to a prenup.

Are Prenuptial Agreements legally binding?

The courts in Ireland are not obligated to enforce a Prenuptial Agreement. However, a judge can still use a prenup to guide asset division and spousal maintenance during a separation or divorce. So, it's still good to have a prenup, as it can provide the court with direction when the court finalises the division of property, assets, and debts.

Suppose the agreement makes proper provisions for each spouse for a separation. In that case, it will more likely persuade the court to use its contents to save time during a separation (also known as a judicial separation) or divorce.

Additionally, the law recognises a prenup in specific circumstances, like a spouse's passing. A surviving spouse can renounce their rights to property and assets in a prenup under the Succession Act 1965 Section 113.

To help create a stronger agreement, couples need to:

Fully disclose both of your financial assets and debts
Sign a prenup at least 28 days before the marriage
Have witnesses or a Commissioner of Oaths present during the signing of your agreement
Obtain independent legal advice before signing the agreement

What things can you outline in a prenup?

A Prenuptial Agreement outlines key details about the ownership of physical and monetary assets. It also describes your and your partner’s financial responsibilities if you separate or divorce. More specifically, a prenup outlines:

Protection for separate assets
The division of shared assets
The division of joint debts
Spousal maintenance
Spousal inheritance

Additionally, our template asks you to include the names of your and your partner’s children. It asks you to list the names of your and your partner’s children from previous relationships who may influence how inheritances are distributed when a spouse passes away.

Benefits of a Prenuptial Agreement

There are several benefits to having a Prenuptial Agreement for both you and your fiance. To start, it can reduce conflict during a divorce case or separation. With a prenup, you plan for the worst-case scenario while having level heads. Without a prenup, you and your fiance might be fueled by negative emotions during a separation or divorce, and conflict can escalate.

Having these details in writing also creates transparency in your marriage as you plan what you want for the future. Setting out clear expectations creates honesty and promotes frank conversations. For example, being honest and managing debt liability can ensure that one of you isn’t responsible for the other’s pre-existing debts in the future.

A prenup goes further to protect children from previous relationships. It can ensure that inheritance provisions prioritise children when one of you passes away.

Lastly, a prenup may help save time during court proceedings in the case of divorce, separation, or death if the court finds the agreement valid and considers its contents as they make any decisions.

Who should use a prenup?

Prenuptial Agreements are not just for the rich and famous. Any engaged couple wanting to protect themselves and their assets can sign one.

Creating an agreement can help you protect the personal assets you bring into a marriage. At the same time, you can clearly outline debt ownership to protect each other from liability.

You may want to sign a prenup based on the circumstances that are unique to your relationship. This includes:

One partner has significant debt
You have children from previous relationships
You own intellectual property or creative assets
You have a substantial difference in income
One of you is set to receive a significant inheritance or family wealth

Say you own a successful business before meeting your partner, which will be a significant source of your marital income. Your prenup can outline this as a separate asset. If your marriage ends, the agreement will keep the business in your name, and you won’t need to divide it during a divorce. Your prenup can assure your fiance that, even though they won’t receive a share of that asset, they’ll get spousal support.

What is included in a Prenuptial Agreement?

Use LawDepot’s template to easily create an agreement with your fiance. First, select if either you or your soon-to-be spouse have children or not, then continue with the following steps:

1. Give both parties’ names

Include your and your future spouse’s contact details and information. If you and your fiance don’t live together, you must include both home addresses in your agreement.

2. Specify separate and shared assets

Generally, separate property means assets and property you acquired before marriage. This property could be businesses, banking accounts, real estate, or anything else in your name. You may also gain separate property after marriage, like an inheritance you wish to keep in only your name.

It’s crucial to disclose both parties’ separate assets in your agreement. Fully outlining these assets will better protect them in case of separation or divorce.

You’ll acquire shared assets and property throughout your marriage. However, it is possible to also have shared assets before getting married. Shared assets include joint bank accounts, real estate, and vehicles in both partners’ names. Shared assets need to be fully documented within your prenup.

If you separate, a prenup determines how your shared property is divided. Division can be:

Each party receiving 50% of the assets
Based on each party’s financial contribution

You can also establish a division process tailored to your and your spouse’s unique situation. However, the division must be fair and equitable.

3. Provide details of joint debts

Joint debts are those you’re both responsible for. These debts can include co-signed loans, mortgages, and joint credit cards.

Your prenup should outline how these debts will be divided if you separate. You may wish to divide them 50/50 where both of you are equally responsible. Alternatively, you can decide how to divide debts in a way you both agree is acceptable.

Any debt solely in your name or your fiance’s will stay that way and be your responsibility following any divorce or separation

4. List any dependent children

Next, include the names of any children belonging to you or your fiance. They can be children you have together or children from previous relationships.

Including your and your spouse’s children in your prenup is essential. Children have rights that may impact the prenup. For example, if you have a child from a previous marriage, their inheritance may change what your spouse gets if you pass away.

A prenup cannot include terms regarding child custody, child visitation, or child support for existing or future children. The courts will determine these matters during a separation or divorce.

5. Determine spousal maintenance

You will need to include details about future spousal maintenance. Your prenup can determine how much support you or your fiance will pay the other, or you can leave it to the court to determine who pays and how much.

You may want the court to determine spousal maintenance. The court will follow the Family Law (Maintenance of Spouses and Children) Act 1976 to create a maintenance order if you cannot agree on your own or with the assistance of mediation during a separation or divorce.

6. Outline spousal inheritance

Finally, include details on what inheritance the surviving spouse will receive when one of you passes away. You do not have to place any restrictions on what you inherit from each other's estates. However, you may choose that you and your spouse only inherit according to each other's Last Will and Testament. This is a common choice when you have children from previous relationships who will also inherit from you.

In addition to inheriting from your Last Will and Testament, you can also specify in your prenup any other rights the surviving spouse may have, like entitlement to death and survivor benefits.

It’s important to keep your estate planning documents consistent with your prenup. This can make the execution of an estate a smoother process for the surviving spouse, as the court may uphold a prenup if it doesn’t contradict the deceased’s Last Will.

Can I get a Prenuptial Agreement after getting married?

You do not create Prenuptial Agreements after you’re married. If you’re already married, you can make a postnuptial agreement. This document is similar to a prenup, where you can outline spousal support and inheritance while determining asset and debt ownership from before and during your marriage.

Do I need to sign my Prenuptial Agreement in front of a commissioner for oaths?

Signing your prenup in front of a commissioner for oaths isn't a legal requirement. However, it’s good practice to do so as it can also help validate your signatures. If any disputes arise regarding the agreement or you need to use it during a separation, it can help determine the validity of the agreement in place.

Alternatively, you and your fiance can sign your agreement with a practising solicitor present.

LawDepot’s Prenuptial Agreement template allows you to choose if you wish to sign your agreement before a commissioner for oaths or a practising solicitor.

Can you terminate a prenup?

You and your fiance can terminate your prenup. The decision must be mutually agreed upon, and the termination must be in writing with both your signatures.

Circumstances can change, and you may need to amend your existing agreement later in your marriage. In that case, you can create a postnuptial agreement to update your property division and financial responsibilities to suit your current situation.

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Prenuptial Agreement

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Free Prenuptial Agreement - Ireland

Create Your Free Prenuptial Agreement

Prenuptial Agreement

Does either party have any children?

Does either party have any children?

Your Prenuptial Agreement

What is a Prenuptial Agreement?

Are Prenuptial Agreements legally binding?

What things can you outline in a prenup?

Benefits of a Prenuptial Agreement

Who should use a prenup?

What is included in a Prenuptial Agreement?

1. Give both parties’ names

2. Specify separate and shared assets

3. Provide details of joint debts

4. List any dependent children

5. Determine spousal maintenance

6. Outline spousal inheritance

Can I get a Prenuptial Agreement after getting married?

Do I need to sign my Prenuptial Agreement in front of a commissioner for oaths?

Can you terminate a prenup?

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