By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Under Irish law, prenuptial agreements are not automatically enforceable. The Family Law (Divorce) Act 1996 grants Irish courts exceptionally broad discretion to determine how marital assets should be distributed upon divorce. Given the absence of strong statutory or judicial authority recognizing these agreements, Irish courts are generally presumed not to enforce them.
However, there are limited indications that courts may respect certain agreements under specific circumstances. In M.G. v. M.G. (Circuit Family Court, Dublin, July 25, 2000), the court noted that when two well-educated parties enter into a separation agreement with the benefit of independent legal advice, and the agreement is relatively recent, courts should be slow to make drastic changes to its terms.
In 2007, the Irish Minister for Justice issued a report encouraging courts to use prenuptial agreements as a guide when dividing assets, prompting early drafting of legislation aimed at recognizing such agreements under Irish law. While the law has not yet changed, this signaled an openness to broader future acceptance.
Ireland is also expected to be influenced by the landmark UK Supreme Court ruling in Radmacher v. Granatino (2010), which emphasized that prenuptial agreements should generally be upheld unless enforcing them would be unfair. Although not binding, Radmacher will likely guide future Irish judicial reasoning.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Ireland and does not advise on Irish law. All information is provided strictly for general educational purposes and is not legal advice.