In Ireland there is no legal basis for prenuptial agreements being recognised. There may be no direct prohibition on couples entering into a prenuptial agreement but there is no legislation which permits or forces the court to take them into account or to regard them as legally binding.
Ariana Grande and Dalton Gomez obtained a divorce on 19th March 2024 in the Los Angeles Superior Court where prenuptial agreements are common and generally recognised. It is believed that the existence of a prenuptial agreement significantly streamlined their separation process. If Ariana Grande had issued Divorce proceedings in the Irish Courts, the Judge could have used the Prenuptial agreement as a guide only in determining what constitutes proper provision for both parties.
Despite not being bound by the agreement, given the short duration of the marriage and the likelihood that not much had changed since its inception, there is an argument that the pre-nuptial agreement might have been considered in the context of making “ proper provision” and therefore indirectly taken into account by an Irish Judge.
However, as things stand there is no judicial precedent for taking pre nuptial agreements into account and the Courts’ obligation to make “proper provision” for both spouses and the children of the marriage applies at the date of the granting of the divorce.
Ultimately, there may be no legal basis for prenuptial agreements in Ireland, but there is nothing to prevent a Judge considering same but only insofar as it assists the Court in making proper provision for both parties to the marriage.
For further information on pre nuptial agreements do not hesitate to contact Aoife Cathcart, Brendan Dillon or Emma Dillon on 01 2960666
