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Postnuptial Agreement
I need a postnuptial agreement that outlines the division of assets and financial responsibilities in the event of a separation, ensuring that both parties retain ownership of their respective pre-marital assets and agree on a fair distribution of jointly acquired property. The agreement should also address spousal support terms and any provisions for future children.
What is a Postnuptial Agreement?
A Postnuptial Agreement is a legal contract that married couples in Ireland create after their wedding to outline how they'll handle their finances and assets. Unlike prenuptial agreements made before marriage, couples sign these during their marriage when they want to establish clear rules about property ownership, inheritance rights, and financial responsibilities.
Irish courts generally recognize postnuptial agreements, though they're not automatically binding. These contracts help protect both spouses' interests, especially when dealing with family businesses, inherited wealth, or complex assets. They're particularly useful for couples who experience major life changes like starting a business, receiving an inheritance, or blending families with children from previous relationships.
When should you use a Postnuptial Agreement?
Consider a Postnuptial Agreement when significant changes affect your marriage's financial landscape. Common triggers include starting a business, receiving a substantial inheritance, or one spouse giving up their career to raise children. These agreements prove especially valuable when protecting family businesses or managing complex property arrangements in Ireland.
Many couples create postnuptial agreements after experiencing financial difficulties, inheriting property, or when blending families with children from previous relationships. The agreement helps establish clear boundaries around assets, debts, and financial responsibilities. It's particularly important when one partner brings substantial wealth into the marriage after the wedding, or when couples want to protect specific assets for their children's inheritance.
What are the different types of Postnuptial Agreement?
- Basic Property Agreement: Covers division of existing assets, debts, and future financial responsibilities between spouses
- Business Protection Agreement: Specifically addresses ownership, control, and profit-sharing of family businesses or entrepreneurial ventures
- Inheritance-Focused Agreement: Details how inherited assets and family wealth will be managed and protected within the marriage
- Child Provision Agreement: Outlines financial arrangements for children, including those from previous relationships and future inheritance rights
- Debt Management Agreement: Specifies how existing and future debts will be handled, including mortgage obligations and personal loans
Who should typically use a Postnuptial Agreement?
- Married Couples: The primary parties who create and are bound by the Postnuptial Agreement, typically seeking to clarify financial arrangements or protect assets
- Family Law Solicitors: Draft and review the agreements, ensuring they meet Irish legal requirements and protect both parties' interests
- Financial Advisors: Help identify and value assets, providing guidance on financial implications and tax considerations
- Business Valuators: Assess company values when business interests are involved in the agreement
- Accountants: Provide detailed financial information and tax implications for asset division and maintenance arrangements
How do you write a Postnuptial Agreement?
- Asset Inventory: Create detailed lists of all property, investments, pensions, and debts held by both spouses
- Financial Documents: Gather bank statements, property deeds, business valuations, and investment portfolio details
- Personal Information: Compile details about employment, income sources, and future financial expectations
- Family Circumstances: Document information about children, inheritance plans, and family business interests
- Legal Requirements: Ensure both parties have independent legal advice and full financial disclosure
- Future Planning: Outline specific arrangements for asset division, maintenance, and inheritance rights
What should be included in a Postnuptial Agreement?
- Party Details: Full legal names, addresses, and marriage date of both spouses
- Asset Schedule: Complete listing of all current assets, property, and financial interests owned by each party
- Financial Disclosure: Detailed statements of each spouse's income, assets, and liabilities
- Division Terms: Clear specifications for how assets and debts will be handled during marriage and upon separation
- Maintenance Provisions: Terms for any ongoing financial support between spouses
- Independent Legal Advice: Confirmation that both parties received separate legal counsel
- Execution Clause: Proper signing, dating, and witnessing requirements
What's the difference between a Postnuptial Agreement and a Business Acquisition Agreement?
A Postnuptial Agreement differs significantly from a Business Acquisition Agreement, though both deal with asset protection and financial arrangements. The key distinction lies in their purpose and the relationship between parties involved.
- Timing and Relationship: Postnuptial agreements are created after marriage between spouses, while Business Acquisition Agreement involves separate business entities in a commercial transaction
- Scope of Assets: Postnuptial agreements cover personal assets, family wealth, and marital property, whereas business acquisition agreements focus specifically on company assets, intellectual property, and commercial interests
- Legal Framework: Postnuptial agreements operate under family law principles in Ireland, while business acquisitions fall under corporate and commercial law
- Duration: Postnuptial agreements typically remain in effect throughout the marriage, while business acquisition agreements usually conclude once the transaction is complete
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