Noel Rock (Dublin North West, Fine Gael)
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68. To ask the Minister for Justice and Equality her plans to introduce a referendum on pre-nuptial agreements; and if she will make a statement on the matter. [21220/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The institution of marriage is afforded constitutional protection under Article 41.3.1º of the Constitution. Under Article 41.3.2º, a court may grant a divorce only where specific conditions have been met. These conditions include a requirement that “such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any children of either or both of them and any other person prescribed by law”.

I have at present no plans to bring forward a proposal for a referendum to amend Article 41.3 of the Constitution to provide for enforceability of pre-nuptial agreements. While the concerns underlying suggestions for legislation in this area are recognised, making provision in the Constitution for enforceability of pre-nuptial agreements would raise a number of significant legal and public policy considerations which would need to be examined very carefully. However, my Department is keeping the matter under review.