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Post Marriage Prenup Template for Ireland

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Key Requirements PROMPT example:

Post Marriage Prenup

"I need a Post Marriage Prenup to protect my recently inherited family business and set clear terms for asset division, particularly focusing on separating my Dublin-based technology company from our shared marital assets."

Document background
The Post Marriage Prenup (postnuptial agreement) is utilized in Ireland when married couples wish to formally document their agreed arrangements regarding financial matters and property division after their marriage has taken place. While Irish law does not make such agreements legally binding, they can serve as important evidence of the parties' intentions and may be considered by courts in subsequent proceedings. The document is particularly valuable for couples who have acquired significant assets during marriage, received inheritances, started businesses, or experienced substantial changes in their financial circumstances. It typically includes detailed financial disclosures, provisions for asset division, succession arrangements, and maintenance considerations, all while acknowledging the mandatory provisions of Irish family law. Independent legal advice is essential for both parties, and the agreement should be regularly reviewed to reflect changing circumstances.
Suggested Sections

1. Parties: Identification of both spouses including full names, addresses, and occupations

2. Background: Brief history of the marriage, date of marriage, reason for entering into the agreement, and confirmation that both parties are entering freely

3. Definitions: Definitions of key terms used throughout the agreement including 'matrimonial property', 'separate property', 'joint property', etc.

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice, with details of their respective solicitors

5. Financial Disclosure: Statements confirming full financial disclosure by both parties

6. Existing Property and Assets: Detailed listing of current property ownership and division

7. Future Property and Assets: Agreement on how future acquired assets will be treated

8. Financial Arrangements: Current and ongoing financial arrangements including bank accounts, investments, and pensions

9. Debts and Liabilities: Treatment of existing and future debts

10. Maintenance Provisions: Arrangements for maintenance payments if applicable

11. Succession Rights: Acknowledgment of legal succession rights under Irish law

12. Duration and Review: Period of validity and circumstances for review

13. Governing Law: Confirmation that the agreement is subject to Irish law

14. Severability: Clause stating that if any provision is found invalid, others remain in force

Optional Sections

1. Business Interests: Section dealing with business ownership and operation - include when either party owns or operates a business

2. Intellectual Property Rights: Section covering ownership and rights to intellectual property - include for professionals or creatives

3. Children's Provisions: Section addressing financial arrangements for existing children - include when there are children from previous relationships

4. Foreign Assets: Section dealing with assets in other jurisdictions - include when parties have international assets

5. Family Gifts and Inheritance: Section addressing treatment of gifts or inheritances from family members - include when significant family wealth is involved

6. Pets and Personal Effects: Section covering ownership and care of pets and personal items - include when there are valuable collections or beloved pets

7. Religious Requirements: Section addressing specific religious requirements - include when parties have specific religious considerations

Suggested Schedules

1. Schedule A - Assets Schedule: Comprehensive list of all assets owned by both parties at the time of the agreement

2. Schedule B - Liabilities Schedule: Detailed list of all debts and liabilities of both parties

3. Schedule C - Income Schedule: Current income details for both parties

4. Schedule D - Business Valuations: Professional valuations of any business interests

5. Schedule E - Property Valuations: Professional valuations of real estate owned by either party

6. Appendix 1 - Financial Disclosure Statements: Copies of financial statements, tax returns, and other relevant financial documents

7. Appendix 2 - Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

8. Appendix 3 - Property Title Documents: Copies of relevant property ownership documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Family Law Solicitor

Private Client Lawyer

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