Expert group to examine prenuptial agreements

THE Government is to appoint an expert group to assess the legal status of prenuptial agreements.

Tánaiste and Justice Minister Michael McDowell will shortly announce the members of the group, which will be chaired by a senior counsel.

A spokeswoman for the Government said the group would examine legal issues surrounding prenuptials which have arisen over the last decade.

It would consider these matters against the backdrop of Ireland’s “changing economic and social circumstances”, which have led to an anecdotal increase in the number of prenuptials.

The group will also consider any constitutional effects that law reform of the area would have.

A prenuptial agreement is a contract entered into by a couple prior to marriage. While they vary widely, such contracts usually provide for the division of property between the couple in the event of divorce.

However, while having legal standing in other jurisdictions, Irish courts are under no obligation to heed prenuptial agreements when ruling on disputes between couples.

Writing recently, solicitor and family law expert Geoffrey Shannon argued clarification of the law was necessary.

“Ideally the law on prenuptial agreements in Ireland should be clarified to ensure prenuptial agreements are valid and enforceable to the extent that they support and foster the interests of children and spouses,” he said.

That call has been echoed by Fine Gael, which will raise the matter for debate in the Seanad tonight.

Fine Gael senator Fergal Browne said the issue was one which could no longer be ignored.

“There is no question but that the pain of marriage breakdown and divorce is being added to in some cases by a lack of clarity on assets,” he said.

“A statement of assets prior to marriage could help to make things less messy afterwards if the relationship doesn’t work out.

“It is important to consider all the aspects of legally recognising prenups, including the potential impact on the constitutional rights of women and children.”