Proposed Legislation

Dáil Éireann Debate, Wednesday - 6 May 2015

Wednesday, 6 May 2015

Questions (270)

Willie Penrose

Question:

270. Deputy Willie Penrose asked the Minister for Justice and Equality if she will consider recommendations made by the study group on pre-nuptial agreements in 2007, which indicated that pre-nuptial agreements could be legalised through amendments to the Family Law Act 1995 and the Family Law (Divorce) Act 1996; if these could be introduced so as to give legal recognition to such pre-nuptial agreements, which specify that both parties would be in a position to enter such consensual agreement, by way of making full disclosure of their assets and by obtaining appropriate independent legal advice; and if she will make a statement on the matter. [17891/15]

Written answers

Minister for Justice and Equality

The Government has no immediate plans to legislate for the legal enforceability and recognition of pre-nuptial agreements on the lines proposed by the Deputy. While I recognise the concerns that the Study Group on Pre-Nuptial Agreements sought to address in its recommendations on this issue, providing for the recognition or enforceability of pre-nuptial agreements would raise legal, public policy and possibly constitutional considerations which would need to be examined very carefully before considering any further action in this area.