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Mid Nuptial Agreement Template for Ireland

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Key Requirements PROMPT example:

Mid Nuptial Agreement

"I need a Mid Nuptial Agreement under Irish law to protect my recently inherited family business and establish clear financial arrangements with my spouse, including provisions for future profit sharing and business asset protection."

Document background
Mid Nuptial Agreements are utilized by married couples in Ireland who wish to formally document their financial arrangements and asset division during their marriage and in the event of separation. While not automatically binding in Irish courts, a properly drafted Mid Nuptial Agreement can serve as persuasive evidence of the parties' intentions and may be given significant weight by courts during divorce proceedings. These agreements are particularly relevant for couples who have accumulated significant assets during marriage, received inheritances, started businesses, or experienced other substantial changes in their financial circumstances after marriage. The document should be drafted with careful consideration of Irish family law, including the Family Law (Divorce) Act 1996 and relevant constitutional provisions, and requires independent legal advice for both parties.
Suggested Sections

1. Parties: Details of both spouses entering into the agreement

2. Background: Context of the marriage, reason for the agreement, and confirmation that both parties enter freely

3. Definitions: Key terms used throughout the agreement

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice

5. Financial Disclosure: Statement confirming full and frank disclosure of all financial matters

6. Existing Matrimonial Property: Details of current jointly owned assets and their agreed treatment

7. Future Property Division: Agreement on how future acquired assets will be treated

8. Financial Arrangements: Current and future financial responsibilities and arrangements

9. Inheritance Rights: Agreement regarding inheritance rights and succession planning

10. Family Home: Specific provisions regarding the family home

11. Review and Amendment: Provisions for periodic review and amendment of the agreement

12. Severability: Clause stating that if any provision is found invalid, others remain in force

13. Governing Law: Confirmation that Irish law governs the agreement

14. Execution: Signing and witnessing provisions

Optional Sections

1. Children's Provisions: Include when there are children from current or previous relationships, addressing financial arrangements for their benefit

2. Business Assets: Include when either party owns business interests that need protection

3. Pension Arrangements: Include when specific pension arrangements need to be addressed

4. International Assets: Include when either party has significant assets in other jurisdictions

5. Debt Management: Include when there are significant existing debts or expected future debts

6. Family Gifts and Inheritance: Include when there are expected significant family gifts or inheritance

7. Pets: Include when there are pets whose care and costs need to be addressed

8. Intellectual Property: Include when either party has significant intellectual property rights

Suggested Schedules

1. Schedule 1: Assets Schedule: Detailed list of all assets owned by both parties at the time of the agreement

2. Schedule 2: Liabilities Schedule: Detailed list of all liabilities of both parties

3. Schedule 3: Income Schedule: Current income details of both parties

4. Schedule 4: Financial Disclosure: Copies of relevant financial documents including bank statements, property valuations, and investment portfolios

5. Schedule 5: Property Details: Detailed information about all properties owned including the family home

6. Appendix A: Certificate of Independent Legal Advice: Signed certificates from both parties' legal advisors

7. Appendix B: Valuations: Professional valuations of significant assets

8. Appendix C: Business Interests: Details of any business interests and their agreed valuations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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