Written answers

Wednesday, 22 April 2009

Department of Justice, Equality and Law Reform

Pre-nuptial Agreements

10:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 102: To ask the Minister for Justice, Equality and Law Reform his views on the matter of pre-nuptial agreements; and if he will make a statement on the matter. [14413/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Study Group on Pre-Nuptial agreements examined pre-nuptial agreements having regard to the provisions in the Constitution on the protection of marriage and the requirement that proper provision be made for parties to divorce proceedings.

The Group's core recommendation is that both the Family Law Act 1995 and Family Law (Divorce) Act 1996 be amended 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 Group's recommendations are being considered for inclusion in the Family Law Bill referred to in the Government's Legislation Programme announced on 22 April 2009.

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