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Post Nup Agreement Template for Ireland

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement to protect my expanding technology business interests and future intellectual property rights, while ensuring fair provision for my spouse who has contributed significantly to our family life through domestic duties."

Document background
Post-Nuptial Agreements are utilized by married couples in Ireland who wish to establish clear terms regarding their financial arrangements and property rights after their marriage has taken place. While these agreements are not automatically binding under Irish law, courts may consider them during matrimonial proceedings if they are deemed fair and reasonable. The document typically includes comprehensive details about asset division, financial responsibilities, inheritance rights, and future property arrangements. It requires full financial disclosure from both parties and independent legal advice to demonstrate fairness. The agreement must align with Irish constitutional principles protecting marriage and family, as well as relevant legislation such as the Family Law Act and Succession Act. Post-Nuptial Agreements are particularly valuable for couples with substantial assets, business interests, or complex financial arrangements who want to create clarity and certainty in their financial relationship.
Suggested Sections

1. Parties: Identification of both spouses entering into the agreement

2. Background: Context of the marriage, reason for the post-nuptial agreement, and confirmation that both parties enter into it freely

3. Definitions: Definitions of key terms used throughout the agreement

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing

5. Full and Frank Disclosure: Confirmation of mutual disclosure of all financial circumstances

6. Existing Property and Assets: Details of current property ownership and asset distribution

7. Future Property and Assets: Agreement on how future acquired assets will be treated

8. Financial Obligations: Ongoing financial responsibilities of each party

9. Debts and Liabilities: Treatment of existing and future debts

10. Variation of Agreement: Circumstances and process for modifying the agreement

11. Governing Law: Confirmation that Irish law governs the agreement

12. Severability: Provision stating that if any part is found invalid, the rest remains effective

13. Entire Agreement: Confirmation that this document represents the complete agreement between parties

14. Execution: Signing and witnessing requirements

Optional Sections

1. Business Interests: Section dealing with existing or future business ownership and management - include if either party owns or may own a business

2. Inheritance and Gifts: Treatment of inherited assets or gifts - include if significant inheritance is expected or received

3. Pension Rights: Division of pension entitlements - include if significant pension assets exist

4. Foreign Assets: Treatment of assets held outside Ireland - include if international assets exist

5. Children's Provision: Financial arrangements for existing or future children - include if there are children or plans for children

6. Family Business Protection: Specific provisions for family businesses - include if family business interests exist

7. Intellectual Property Rights: Treatment of intellectual property - include if either party has significant IP assets

8. Review Mechanism: Regular review provisions - include if parties want periodic reviews of the agreement

Suggested Schedules

1. Schedule 1: Assets Schedule: Detailed list of all assets owned by both parties at the time of the agreement

2. Schedule 2: Liabilities Schedule: Detailed list of all liabilities of both parties

3. Schedule 3: Property Schedule: Specific details of all real property owned by either party

4. Schedule 4: Business Assets: Details of business interests and valuations

5. Schedule 5: Financial Disclosure: Copies of financial statements and valuations

6. Appendix A: Certificates of Independent Legal Advice: Signed certificates from each party's legal advisor

7. Appendix B: Valuations: Professional valuations of significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Family Law Solicitor

Private Client Lawyer

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Wealth Manager

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Estate Planner

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Trust Officer

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