Qualifying nuptial agreements
would give couples autonomy and control, and make the financial outcome of separation more predictable.
There are three main purposes of nuptial agreements.
1970), most courts refused to enforce the provisions of a nuptial agreement relating to divorce or separation, reasoning that nuptial agreements covering divorce encouraged divorce and violated legal principles requiring marriage until death.
The report recommends that if the Nuptial Agreements
Bill is enacted there will be two categories of nuptial agreements
- Qualifying Nuptial Agreements
(QNAs) which will be automatically binding and Non- Qualifying Nuptial Agreements
(NQNAs) which are those that fall short of the requirements to be QNAs but may still be binding.
The prohibition against waivers of temporary support and temporary attorneys' fees in nuptial agreements, as well as the whole of Florida law on nuptial agreements, began with Del Vecchio v.
Nevertheless, due to the Supreme Court's failure to address the temporary attorneys' fees and temporary support issue raised in Belcher, Casto was only a cosmetic victory for those who would contract to avoid protracted litigation regarding otherwise valid nuptial agreements.
The motion that will be presented to the Senate in the coming weeks reads, "Seanad Eireann calls on the Attorney General to request the Law Reform Commission to produce a report examining the current status of Pre Nuptial Agreements
in Irish Courts and to investigate the consequences of their possible introduction and the impact on the constitutional and legal rights of spouses and children.
Trust may also be a solution in this case but also pre nuptial agreements
could also be considered.
Second, we need to consider reaching an agreement before the court makes an order, sometimes even before divorce, and this is where Post Nuptial Agreements
PRE nuptial agreements
(pre nups) are becoming increasingly popular and not just among the rich and famous.
For more information on pre nuptial agreements
and family law, contact Ian Kennerley, head of family law at Dickinson Dees on 0191 230 8476.
However, since a decision of the Supreme Court in 2010, there is effectively a presumption that the court should give effect to a nuptial agreement
that is "freely entered into by each party with full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement".