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Post Nuptial Agreement for Ireland

Post Nuptial Agreement Template for Ireland

A post-nuptial agreement under Irish law is a formal agreement made between spouses after marriage to determine how their assets, finances, and property will be handled during marriage and in the event of separation or divorce. While not automatically legally binding in Ireland, these agreements may be considered by courts when making financial orders in matrimonial proceedings. The document covers various aspects including property division, financial arrangements, maintenance obligations, and pension rights, requiring both parties to receive independent legal advice and make full financial disclosure to enhance its prospects of being upheld by Irish courts.

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What is a Post Nuptial Agreement?

Post Nuptial Agreements are utilized in Ireland when married couples wish to establish clear arrangements regarding their financial affairs and property rights during marriage or in the event of relationship breakdown. While not automatically binding under Irish law, these agreements serve as important evidence of the parties' intentions and may be considered by courts in matrimonial proceedings. The document requires careful drafting to address various aspects including asset division, maintenance obligations, pension rights, and property arrangements. It must demonstrate that both parties received independent legal advice and made full financial disclosure. These agreements are particularly relevant for couples who have experienced changes in their financial circumstances after marriage, inherited significant assets, or wish to protect business interests.

What sections should be included in a Post Nuptial Agreement?

1. Parties: Full legal names and addresses of both spouses

2. Background: Details of the marriage, date of marriage, current living situation, and reasons for entering into the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

5. Full and Frank Disclosure: Acknowledgment of mutual disclosure of all financial information

6. Existing Property Rights: Statement of current property ownership and rights of both parties

7. Future Property Division: Agreement on how future acquired property will be treated

8. Financial Provisions: Arrangements for financial support and maintenance

9. Family Home: Specific provisions regarding the family home and any secondary properties

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

11. Variation of Agreement: Circumstances and process for varying the agreement

12. Governing Law: Confirmation that Irish law governs the agreement

13. Severability: Provision for survival of remaining clauses if any clause is found invalid

14. Execution: Signing and witnessing requirements

What sections are optional to include in a Post Nuptial Agreement?

1. Children's Provisions: Include when there are children from the marriage or previous relationships, covering arrangements for their care and financial support

2. Business Interests: Include when either party owns or has interests in business ventures

3. Inheritance Rights: Include when parties wish to address specific inheritance matters beyond statutory rights

4. Pension Rights: Include when either party has significant pension arrangements to be addressed

5. Foreign Property: Include when either party owns property in other jurisdictions

6. Future Gifts or Inheritance: Include when addressing treatment of anticipated future inheritances or gifts

7. Religious Requirements: Include when parties wish to incorporate specific religious principles or requirements

8. Intellectual Property Rights: Include when either party has significant intellectual property assets

What schedules should be included in a Post Nuptial Agreement?

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

2. Schedule 2: Liabilities Schedule: Detailed list of all liabilities of both parties at the time of the agreement

3. Schedule 3: Financial Disclosure: Detailed financial statements from both parties including income, assets, and liabilities

4. Schedule 4: Property Details: Specific details of all real property owned by either party

5. Schedule 5: Business Valuations: Independent valuations of any business interests

6. Appendix A: Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

7. Appendix B: Property Valuations: Professional valuations of significant assets

8. Appendix C: Pension Statements: Current pension valuations and details

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Legal Services

Family Law

Private Client Services

Wealth Management

Estate Planning

Financial Services

Property Law

Professional Services

Relevant Teams

Legal

Private Client

Family Law

Wealth Management

Property

Documentation

Corporate

Compliance

Risk Management

Relevant Roles

Family Law Solicitor

Private Client Lawyer

Wealth Manager

Estate Planning Attorney

Financial Advisor

Legal Partner

Property Lawyer

Matrimonial Lawyer

Legal Associate

Notary Public

Commissioner for Oaths

Family Law Partner

Private Client Partner

Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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