Can you advise if pre-nuptial agreements are recognised by law in this country or not?

I know of several cases of guys who had to pay out big money when their marriages broke down and I am really anxious to avoid this happening to me.

To that end, I will only consider marriage if I know I won’t lose half of everything I have, which no one else has contributed to.

– A Leinster reader

Dear reader,

Your query is a very valid one, and an issue that concerns many people in rural Ireland who have inherited family farms that they don’t want to risk losing in the event of a marriage breakdown.

You don’t clarify in your letter whether or not you are in a relationship at the moment, but it appears that the experience of friends who have gone through marriage breakdown has had an impact on you and your perception of long-term commitment.

According to the Citizen’s Information website – citizensinformation.ie – ‘a pre-nuptial agreement (also called an ante-nuptial agreement) is an agreement between two people who plan to marry each other in relation to property, maintenance and custody arrangements if their marriage should break down’.

While pre-nuptial agreements can used as a guide by judges in subsequent separation or divorce cases, they have no basis in law in this country, which means they are not strictly binding. This means a judge does not have to take into account the terms agreed when deciding how assets are split.

Despite the fact they are not legally binding, any couple planning to marry can sign a pre-nup, which – if it makes proper provision for both parties – is more likely to be viewed favourably by a judge should the relationship come to an end.

This is particularly beneficial in the case of couples where family farms or businesses are concerned. If an agreement has been reached at the outset as to how such assets be divided in the event of marriage breakdown, it gives a better indication of what the intentions were at the beginning of a relationship.

Citizen’s Information further advises that “only pre-nuptial agreements entered into following independent legal advice for both parties are likely to be taken into account. The court would have to be satisfied that there had been a complete disclosure of assets before the agreement was signed.

“It is also advisable for the agreement to provide for reviews periodically (for example, every five years), if children are born, or if there is a major change in circumstances (for example, assets are purchased or sold).”

You clearly feel very strongly about not relinquishing all that you have worked for up to this point in your life. However, sharing your life with another person will bring an added dimension where other assets will be accrued, jointly, such as children potentially, and a family home, which will involve an equal contribution by both you and any future partner.

This contribution of a partner to the creation of a family, a family home or investment made in a farm/business through independent earnings would also be taken into account, if the dissolution of the relationship ended up in court.

I hope this advice is helpful and wish you well in your future relationships.

Do you have a problem you would like to share? If so, write in confidence to: Dear Miriam, Agony Aunt, Irish Country Living, Irish Farmers Journal, Irish Farm Centre, Bluebell, Dublin 12, or email miriam@farmersjournal.ie