At Mary Molloy & Company Solicitors, we provide expert legal advice and representation on Prenuptial Agreements and across Ireland. With the rising number of individuals entering marriage with substantial assets, family business interests, or family-owned farms, many are now seeking greater certainty on how their property will be treated in the event of a separation or divorce.

A Prenuptial Agreement — also known as a Pre-Marital Contract or Ante-Nuptial Settlement — is a legally binding contract signed by both parties before marriage. Its purpose is to set out the rights, duties, and expectations of each party during the marriage, while also determining how assets should be divided if the relationship comes to an end. For many, the appeal of a prenuptial agreement lies in the clarity, certainty, and reassurance it provides.

Legal and Constitutional Background

Marriage in Ireland holds a constitutionally protected position under Article 41.3.1. Historically, the Family Law Divorce Act 1996 limited the possibility of a “clean break,” as ancillary reliefs could be revisited even after divorce. However, in more recent years, Irish case law has acknowledged the value of a clean break, particularly where the couple has significant assets.

Although there is no specific legislation in Ireland requiring courts to enforce prenuptial agreements, there is also no legal prohibition against them. Instead, their recognition depends on whether they satisfy general principles of contract law, such as:

• No duress or undue influence

• Full financial disclosure from both parties

• Fair and reasonable terms

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 introduced the concept of cohabitant agreements, highlighting the inconsistency in Irish law where prenuptial agreements are not yet expressly recognised.

Requirements for a Valid Prenuptial Agreement in Ireland

For a prenuptial agreement to have the best chance of being upheld by the courts, the following conditions should be met:

• The agreement must be in writing and signed by both parties.

• Each party should have received independent legal advice.

• There must be full disclosure of financial circumstances.

• The agreement should be signed well in advance of the wedding.

• Terms must be fair, reasonable, and not contrary to public policy.

Even when these requirements are satisfied, enforceability remains subject to judicial discretion, as the courts must ensure that “proper provision” is made for both spouses under Irish family law.

Why Consider a Prenuptial Agreement?

Many of our Dublin-based clients seek a prenup when:

• Entering a second marriage and wishing to protect inherited or existing assets.

• Holding significant business or farming interests.

• Wanting clarity and certainty around financial arrangements before marriage.

• Protecting children from a previous relationship.

By entering into a carefully drafted prenuptial agreement, couples can reduce uncertainty, protect assets, and provide peace of mind before their marriage.

Our Expertise in Prenuptial Agreements 

At Mary Molloy & Company Solicitors, our family law team has seen a marked increase in requests for prenuptial agreements in recent years. We provide discreet, tailored legal advice to ensure your agreement is drafted to the highest standards, giving it the strongest possible legal standing.

📞 If you are considering a prenuptial agreement in Dublin, contact us today to arrange a confidential consultation with one of our experienced family law solicitors.