Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 64: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take in respect of the recommendations of the report of the study group on pre-nuptial agreements published in early 2007; and if he will make a statement on the matter. [27324/07]

Catherine Byrne (Dublin South Central, Fine Gael)
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Question 131: To ask the Minister for Justice, Equality and Law Reform if he intends giving recognition to the concept of pre-nuptial agreements; and if he will make a statement on the matter. [27345/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 64 and 131 together.

The Study Group examined pre-nuptial agreements having regard to the provisions in the Constitution on the protection of marriage and the requirement of proper provision being made for parties to divorce proceedings.

The Group's core recommendation is that provision be made in both the Family Law Act 1995 and Family Law (Divorce) Act 1996 to provide that the courts be required to have regard to existing pre-nuptial agreements when making ancillary relief orders in judicial separation and divorce proceedings. The report makes recommendations on the formalities necessary for the proper making of pre-nuptial agreements so that parties making such agreements would be both fully informed and protected. The report also recommends the introduction of a statutory basis upon which a court may make financial provision for a surviving spouse who may be unfairly affected by the provisions of a pre-nuptial agreement on the death of the other spouse in certain circumstances, e.g. as a result of the passage of time or other intervening events.

The recommendations are being examined in my Department with a view to the legislative proposals that may usefully be developed in this area.