Free Prenuptial Agreement - Ireland

Answer a few simple questions Print and download instantly It takes just 5 minutes

Create Your Free Prenuptial Agreement

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Prenuptial Agreement

Does either party have any children?


Does either party have any children?

Yes
No




Your Prenuptial Agreement

Update Preview
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Page of

PRENUPTIAL AGREEMENT

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

BETWEEN:

______________________
of __________

- AND -

______________________
of __________

  1. BACKGROUND
  2. This Agreement is made between ______________________ and ______________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
  3. 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.
  4. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  5. 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.
  6. The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
  7. 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.
  8. 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.
  9. 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.
  10. 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:

  1. PROPERTY
  2. 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.
  3. 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").
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. DEBTS
  9. 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.
  10. 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").
  11. 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.
  12. MAINTENANCE
  13. 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.
  14. ESTATES AND TESTAMENTARY DISPOSITION
  15. 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.
  16. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  17. SEVERABILITY
  18. 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.
  19. INTENTION OF THE PARTIES
  20. 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.
  21. DUTY OF GOOD FAITH
  22. 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.
  23. FURTHER DOCUMENTATION
  24. 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.
  25. TITLE/HEADINGS
  26. The headings of this Agreement form no part of it and will be deemed to have been inserted for convenience only.
  27. ENUREMENT
  28. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  29. GOVERNING LAW
  30. 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.
  31. TERMINATION OR AMENDMENT
  32. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  33. ENTIRE AGREEMENT
  34. 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:

  1. ____________________________________________________________

What is a Prenuptial Agreement (prenup)?

A prenuptial agreement is a contract entered into by two people who are planning to marry. A prenuptial agreement is used to specify how property and debts will be divided in the event of a separation or divorce.

A prenuptial agreement is often referred to as a 'prenup' or 'prenupt'.

Should I get a prenup?

No one can tell you whether a prenuptial agreement is right for you and your situation. People can give you sound advice based on years of experience, but ultimately the decision is up to you and your future spouse.

That said, you might want to consider a prenup if one or more of the following is true:

  • You own or co-own a business or businesses.
  • You may receive a large inheritance.
  • You expect to see a large increase in income.
  • One of you is much wealthier than the other.
  • One of you plans to support the other financially through post-secondary education.
  • You have or will have a license or degree in a lucrative profession.
  • You have valuable assets, such as real estate, stocks, or savings.
  • You have parents or other loved ones who need a secure financial future.

What is discussed in a prenup?

Usually a prenuptial agreement will discuss the following topics:

  • Division and ownership of property
  • Division and ownership of debts
  • Spousal maintenance
  • Inheritance of property.

If I create a prenuptial agreement, will I avoid litigation in the event of a divorce?

A successful prenup can help speed up litigation or possibly even avoid it altogether in the event of a divorce. However, there is no guarantee that a prenup will avoid litigation at divorce.

Are there any limitations on who can create and sign a prenuptial agreement?

No. Generally, any couple contemplating marriage can enter into a prenuptial agreement.

What should I not include in a prenup?

A prenuptial agreement cannot be used to determine issues regarding:

  • Child custody
  • Child visitation rights
  • Child maintenance payments.

Do not include any provisions that deal with the above, as the courts will always make a decision based on the best interests of the child or children at the time of divorce.

You should also avoid including any provisions that do not deal with property or finances. For example, you should avoid including a clause stating that your spouse must do the laundry twice a week. These types of demands not binding in court.

If you wish to list personal matters, such as the division of chores, rules for raising children, etc., you should do so in a separate agreement (with the knowledge that such an agreement is not legally binding) so as not to invalidate your prenuptial agreement.

Should all finances be disclosed prior to entering a prenuptial agreement?

Yes, it is essential that each party discloses their finances to the other (including all income, assets and debts). The prenuptial agreement can be challenged in court if it later revealed that one of the parties did not disclose or hid assets at the time the agreement was created. In the interests of full disclosure, it is smart practice to attach financial statements detailing the financial situation of each party.

When should we sign our prenuptial agreement?

You should sign your prenuptial agreement well in advance of your marriage ceremony (it’s recommended not less than 28 days before the wedding). Should the agreement later be challenged, the court will be less likely to question whether one of the parties entered into the agreement under duress, coercion, or undue influence.

Signing the document in advance ensures that both parties have had sufficient time to consider the agreement before getting married.

What requirements must be met for a prenuptial agreement to be held valid and legally enforceable?

Prenuptial Agreements are not legally binding and will not automatically be upheld or enforced by an Irish court in the event of marital breakdown. However, a judge will take your Prenuptial Agreement seriously and is likely to uphold it as long as certain safeguards have been met.

For a Prenuptial Agreement to be upheld, the following safeguards must be met:

  • The agreement was completed in direct anticipation of the marriage.
  • The agreement is intended to deal with a breakdown in the marriage.
  • Full financial disclosure by both parties was made prior to the agreement.
  • Both parties received independent legal advice at the outset.
  • The agreement states that it is intended to be legally binding.
  • The division of assets is reasonable in the circumstances and is subject to review in the event of major changes in circumstances.
  • The agreement was entered into at least 28 days before the marriage.

Related Documents:

  • Chabitation Agreement: a legal document used for a couple who is romantically involved and preparing to live together, but who are not married.
  • Last Will and Testament: a legal document containing instructions on how you want your assests and estate divided and dispensed once you pass away.
  • Personal Financial Statement: a docment to outline all of someone's personal finances in one easy format.
Create your free Product Name in 5-10 minutes or less
Know someone who could benefit from free legal forms? Pass it along:
X
Thanks for sharing!
Create your own Product Name
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.