Post Nuptial Agreements are utilized in Ireland when married couples wish to establish clear arrangements regarding their financial affairs and property rights during marriage or in the event of relationship breakdown. While not automatically binding under Irish law, these agreements serve as important evidence of the parties' intentions and may be considered by courts in matrimonial proceedings. The document requires careful drafting to address various aspects including asset division, maintenance obligations, pension rights, and property arrangements. It must demonstrate that both parties received independent legal advice and made full financial disclosure. These agreements are particularly relevant for couples who have experienced changes in their financial circumstances after marriage, inherited significant assets, or wish to protect business interests.
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1. Parties: Full legal names and addresses of both spouses
2. Background: Details of the marriage, date of marriage, current living situation, and reasons for entering into the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing
5. Full and Frank Disclosure: Acknowledgment of mutual disclosure of all financial information
6. Existing Property Rights: Statement of current property ownership and rights of both parties
7. Future Property Division: Agreement on how future acquired property will be treated
8. Financial Provisions: Arrangements for financial support and maintenance
9. Family Home: Specific provisions regarding the family home and any secondary properties
10. Debts and Liabilities: Treatment of existing and future debts
11. Variation of Agreement: Circumstances and process for varying the agreement
12. Governing Law: Confirmation that Irish law governs the agreement
13. Severability: Provision for survival of remaining clauses if any clause is found invalid
14. Execution: Signing and witnessing requirements
1. Children's Provisions: Include when there are children from the marriage or previous relationships, covering arrangements for their care and financial support
2. Business Interests: Include when either party owns or has interests in business ventures
3. Inheritance Rights: Include when parties wish to address specific inheritance matters beyond statutory rights
4. Pension Rights: Include when either party has significant pension arrangements to be addressed
5. Foreign Property: Include when either party owns property in other jurisdictions
6. Future Gifts or Inheritance: Include when addressing treatment of anticipated future inheritances or gifts
7. Religious Requirements: Include when parties wish to incorporate specific religious principles or requirements
8. Intellectual Property Rights: Include when either party has significant intellectual property assets
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 at the time of the agreement
3. Schedule 3: Financial Disclosure: Detailed financial statements from both parties including income, assets, and liabilities
4. Schedule 4: Property Details: Specific details of all real property owned by either party
5. Schedule 5: Business Valuations: Independent valuations of any business interests
6. Appendix A: Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor
7. Appendix B: Property Valuations: Professional valuations of significant assets
8. Appendix C: Pension Statements: Current pension valuations and details
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