Prenuptial agreements

A prenuptial agreement is not a legally binding aspect of family law, but it can serve as a guide for the courts in judicial separation and divorce cases. Designed to determine arrangements for a couple’s children and property in the event of a marriage breakdown, a prenuptial agreement will not bind a judge, but if it makes adequate provision for each party, it could prove persuasive.

Why Should You Get a Prenuptial Agreement?

HOMS Assist will guide you through the prenuptial agreement process, should you and your partner decide to draw one up in advance of your marriage. If, for example, one party is in line to inherit a substantial family business or farm, such an agreement can be useful for informing the judge of the couple’s original intentions, should the marriage end in judicial separation or divorce.  Nonetheless, Irish law makes no provision for prenuptial agreements apart from sections 113 and 113A of the Succession Act 1965 (as amended) which allow a spouse or a civil partner to renounce their legal right share in a pre-nuptial agreement. Furthermore, a judge is likely to set aside your prenuptial agreement if it fails to make adequate provision for children or a vulnerable spouse. Securing expert legal advice is vital to ensure the validity of your prenuptial agreement.

Is Your Prenuptial Agreement Enforceable?

If the enforceability of a prenuptial agreement becomes a court issue, the judge may consider the following:

  • Both parties must have completed the agreement before their marriage.
  • It must confirm explicitly that it is designed to deal with what happens should the marriage end.
  • Both parties should enter the agreement having made full financial disclosure.
  • Both parties must obtain separate, independent legal advice.
  • Assets should be divided reasonably, in light of all circumstances
  • Should circumstances change significantly, the agreement must be subject to review.

Note: The court will refuse to grant a divorce if it is not satisfied that all parties are fully and properly provided for.

You may take legal action after  you have been involved in an accident or injured because of somebody else’s actions or negligence*.

Personal injury claims generally involve:

  • A plaintiff or claimant  – this is the person making the claim (you).
  • A defendant – the person(s) you are making the claim against.
  • Your solicitor 
  • PIAB – Personal Injury Assessment Board (often called the Injuries Board). PIAB assesses most  personal injury claims before any further steps are considered.

What Are the Common Injuries Sustained In Accidents?


For every type of accident, whether a car crash, a slip and fall, or a product related injury, there is a wide array of injury types that can occur. Every part of the body is susceptible to different forms of injury and the forces applied upon the body when an accident occurs will dictate the kind of injury as well as the severity.

As a personal injury law firm with over 50 years experience representing injured parties Ireland we understand the nature of various types of injuries. We are able to articulate the effects they have on a client’s life, and the types of medical care required, in the context of a personal injury case.

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