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Unlike England and Wales, Ireland has not yet moved from the traditional common law rejection of prenuptial agreements. Nevertheless, similar policy concerns continue to be debated in both jurisdictions, particularly regarding the balance between autonomy and fairness concerns, and gender equity. In 2007, an Irish ministerial Study Group recommended limited recognition of prenuptial agreements, foreshadowing similar proposals by the Law Commission for England and Wales in 2014. However, the Irish recommendations were never implemented, despite sustained lobbying. This paper draws on relational theory to scrutinise the Study Group's proposals, identifying its core assumptions and their implications. The paper contends that Irish courts dealing with spousal agreements have tacitly accepted liberal conceptualisations of autonomy, which may lead to injustice. Furthermore, the Study Group's recommendations have been overtaken by events. Recent decisions on spousal agreements emphasise respect for party autonomy, without interrogating what this means. This could be problematic if applied to prenuptial agreements. Accordingly, the paper suggests modifications to the Study Group's proposals, to address relational concerns. In this regard, the paper speaks to the broader debate on family autonomy, and draws on comparative perspectives, including the recommendations of the Law Commission for England and Wales, and the Canadian experience. [ABSTRACT FROM AUTHOR]

This article analyses patterns of property division on marital breakdown in Ireland. At present, little information is available on the operation of marital breakdown legislation (the Family Law Act 1995 and the Family Law (Divorce) Act 1996). This is primarily due to a strict in camera rule, which has prevented proper study of judicial decisions; lack of reporting and of written judgments are also problems. Little information is available on the nature or frequency of property orders or agreements. Consequently, practical evaluation and informed policy discussion have been severely curtailed. In an attempt to fill this gap, this study analyses 89 divorce, separation and judicial separation cases, using data collected from 44 private and Legal Aid family law practitioners in multiple locations. The principal focus is on the types of orders or agreements made and the reasons (if any) given for those orders. Differences between private practice and Legal Aid cases are considered, as are regional variations in orders. Consent and contested outcomes are contrasted, as are divorce and judicial separation cases. The impact of factors such as gender, age, employment status, dependent children and marriage duration is analysed. The conclusion highlights key issues and discrepancies which may give rise to concern. [ABSTRACT FROM AUTHOR]