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Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino

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dc.contributor.author Buckley, Lucy Ann
dc.date.accessioned 2012-06-12T08:49:42Z
dc.date.available 2012-06-12T08:49:42Z
dc.date.issued 2011-04
dc.identifier.citation Buckley, L. A. (2011) 'Ante-nuptial Agreements and Proper Provision: An Irish Response to Radmacher v Granatino'. Irish Journal Of Family Law, 14 (1):3-14. en_US
dc.identifier.issn 00007014
dc.identifier.uri http://hdl.handle.net/10379/2841
dc.description Journal article en_US
dc.description.abstract Irish law makes little reference to the principle of self-determination in relation to financial provision on matrimonial breakdown. The Family Law Act 1995 and the Family Law (Divorce) Act 1996 place some emphasis on mediation; settlement and consent orders are always possible, and a prior separation agreement is a factor to be considered by the court in making financial provision on divorce. However, Ireland has no system of binding ante-nuptial agreements as these were traditionally regarded as being contrary to public policy insofar as they contemplated marital breakdown. This lack has become particularly relevant since the introduction of divorce and judicial separation in Ireland. The discretionary nature of financial provision under the 1995 and 1996 Acts has stimulated interest in financial agreements, particularly in high net worth cases, where parties are entering second marriages or where inherited property is at stake. To what extent might such agreements now be recognised by the courts? There are no recent Irish cases on this issue: should changes in public policy and the broader social context in recent decades lead to changes in the legal status of antenuptial agreements? en_US
dc.format application/pdf en_US
dc.language.iso en en_US
dc.publisher Round Hall Sweet & Maxwell en_US
dc.relation.ispartof Irish Journal Of Family Law en
dc.subject Matrimonial breakdown en_US
dc.subject Family law en_US
dc.subject Ante-nuptial agreements en_US
dc.title Ante-nuptial Agreements and "Proper Provision": An Irish Response to Radmacher v Granatino en_US
dc.type Article en_US
dc.date.updated 2012-06-08T09:50:14Z
dc.local.publishedsource http://www.westlaw.ie/ en_US
dc.description.peer-reviewed peer-reviewed
dc.contributor.funder |~|
dc.internal.rssid 1165734
dc.local.contact Lucy-Ann Buckley, Dept. Of Law, Tower 2, Arts/Science Building, Nui Galway. 3661 Email: lucy-ann.buckley@nuigalway.ie
dc.local.copyrightchecked No
dc.local.version ACCEPTED

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