An Antenuptial Agreement is used in Ireland by couples planning to marry who wish to establish clear arrangements regarding their financial affairs and property rights. While such agreements are not automatically binding under Irish law, they can carry significant weight if properly drafted and executed with both parties having received independent legal advice. This document is particularly relevant for individuals with substantial assets, business interests, inherited wealth, or those entering second marriages. The agreement typically includes comprehensive financial disclosure, detailed property arrangements, and provisions for potential future events, all while respecting Irish constitutional protections of marriage. Key considerations include separate property rights, inheritance matters, business interests, and potential international assets. The document must be carefully drafted to align with Irish family law principles while providing clear guidelines for asset protection and financial arrangements.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Recitals explaining the context of the agreement, including the intended marriage and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement for clarity and consistency
4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing
5. Financial Disclosure: Acknowledgment of full financial disclosure between parties
6. Separate Property: Provisions regarding property owned by each party before marriage and how it will be treated
7. Joint Property: Agreement on how property acquired during marriage will be treated
8. Income and Earnings: Treatment of income and earnings during marriage and upon dissolution
9. Debts and Liabilities: Allocation of responsibility for existing and future debts
10. Maintenance and Support: Provisions regarding spousal maintenance in case of separation or divorce
11. Duration and Termination: Terms regarding the duration of the agreement and circumstances for termination
12. Governing Law: Specification that Irish law governs the agreement
13. Execution: Formal execution requirements and signature blocks
1. Business Interests: Provisions protecting business assets and income - include when either party owns a business
2. Inheritance and Gifts: Treatment of inherited assets or gifts - include when significant inheritance is expected
3. Children's Provisions: Provisions regarding children from previous relationships - include when relevant
4. International Assets: Specific provisions for international property - include when parties have assets in multiple jurisdictions
5. Religious Requirements: Specific religious obligations or requirements - include when parties wish to incorporate religious elements
6. Review Mechanism: Provisions for periodic review of the agreement - include for longer-term certainty
7. Sunset Clause: Provision for agreement expiration after certain period - include when parties want time limitation
1. Schedule 1: Assets and Liabilities: Detailed inventory of each party's assets and liabilities at time of agreement
2. Schedule 2: Financial Disclosure: Detailed financial statements from both parties
3. Schedule 3: Certificates of Independent Legal Advice: Signed certificates from both parties' legal advisors
4. Schedule 4: Property Details: Specific details of properties owned by either party
5. Appendix A: Valuation Reports: Professional valuations of significant assets
6. Appendix B: Business Valuations: Valuations of any business interests (if applicable)
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