The enforceability of pre-nuptial agreements on the breakdown of a marriage in Ireland remains questionable although a Government working group in 2007 recommended that such agreements be given legal standing to assist Courts in matrimonial proceedings.

The Supreme Court judges in England in the case of Radmacher v Granatino recently found that the Courts in England should give effect to a pre-nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.  This is considered by English commentators to be a big step towards English law now treating pre-nuptial agreements as effective and decisive.  The judgment may also encourage more couples to enter into such agreements deciding, prior to their marriage, how their financial affairs should be regulated.

Although the position remains unclear in Ireland it is advisable for individuals, prior to marriage, to take legal advice in relation to their estate planning and consider the rights and obligations which arise from marriage.  At a minimum it is clear under Irish law that certain succession law rights can be varied by couples under an ante-nuptial contract where both parties have been provided with independent legal advice.  Whether or not the Irish Courts will follow Radmacher v Granatino is uncertain although given the interest in pre-nuptial agreements, in Ireland it is certain that the issues are likely to be the subject of future Court judgments.