Are Prenuptual Agreements Binding?

PRENUPTIAL AGREEMENTS

If like me you have not yet received your invitation to the British royal wedding, you will be happy to note that I still have plenty of time to advise the happy couple about prenuptial agreements.
The position in England is much the same as the position is in Ireland. Prenuptial agreements are generally regarded as carrying some weight but they are not binding on a court.
The government requested a study group to examine the whole area of prenuptial agreements and in December 2006, the Minister for Justice at the time was advised that prenuptial agreements are not unconstitutional and provided the relevant legislation was introduced, there would be no conflict with the current divorce legislation. A detailed report was subsequently published in April 2007. The current legislation states that a judge must be happy that proper provision has been made for both parties before a divorce can be granted and clearly this is likely to conflict with a number of prenuptial agreements. A simple piece of legislation would however deal with this conflict.
The only real problem couples should have is that they have to get over the guilt they would undoubtedly feel at the idea of dividing up their assets in anticipation of a separation or a divorce.
As I intend to tell William at his stag, the House of Windsor has had enough problems over the last number of years with marital disharmony and scandal and the possibility of this happening to them can be substantially reduced if they complete a prenuptial agreement and anticipate the unimaginable.
If you or a family member or friend are getting married soon, I am quite happy to come along to your stag/hen night and give you an extended version of this wisdom entirely free of charge.
kevin@brophysolicitors.ie 
02.01.11
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