No plans to legislate for legally recognised pre-nuptial agreements

The Government has confirmed it has “no immediate plans” to introduce legal recognition for pre-nuptial agreements despite lobbying from the farming industry.

The Sunday Independent has reported an expectation that the Government would legislate to create a legal framework around pre-nuptial agreements after Justice Minister Frances Fitzgerald carried out a policy analysis last year.

However, firm plans have yet to emerge.

Today, a spokesperson for the Department of Justice told Irish Legal News: “The Government has no immediate plans to legislate for the legal enforceability and recognition of pre-nuptial agreements.

“Providing for the recognition or enforceability of pre-nuptial agreements would raise legal, public policy and possibly constitutional considerations which would need to be examined very carefully before considering any further action in this area.

“The Department’s examination of the issue is ongoing.”

Annette Sheehan, a family law solicitor in Cork, told the Sunday Independent that legislation could help make some divorces more straightforward.

Ms Sheehan said: “A court may uphold the terms of a pre-nuptial agreement - if it is considered to be fair to the parties involved - and which in the circumstances provides for proper provision.

“However, this is not always the case, and legislation would give greater certainty to the efficacy of prenuptial agreements.”