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Are postnuptials a thing in Ireland and are they enforceable?

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  • 20-08-2023 8:13am
    #1
    Registered Users Posts: 2


    Spouse wants to sign a post nuptial in case things go south. Are they similar to prenups in that they are not enforceable in Ireland? Haven’t found much information online so wondering if they’re even a thing.



Answers

  • Registered Users Posts: 78,262 ✭✭✭✭Victor


    I think they're exceptionally rare.

    A court may see such an agreement to be an attempt to preserve a marriage and be inclined to enforce the agreement.

    Another view is might be that one spouse is a manipulative so-and-so.

    Get your ***own*** legal advice. Ensure ***they*** get their own legal advice. From solicitors experienced in family law, not some randomer on the Internet with an agenda.

    Of course, there are statutory protections, but those might not be enough. I understand that courts will consider pre-nuptual agreement, but not necessarily feel bound by them.



  • Registered Users Posts: 2 aloha99


    Thanks. Absolutely. Spoke with someone from Citizens info and they said post nups are the same as pre nups, just signed after getting married and that they are not legally binding. Sharing in case it’s helpful for someone else… Another thing is separation agreements but those are signed only when the decision to get divorced has been made and you’re going through the divorce process. There is no other type of doc besides them both in this scenario so to say. Will speak with a solicitor to confirm this though. Thank you!



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