February 2016 Volume 43 Issue 2 ISSN 0790 4290 Relate Contents The journal of developments in social services policy and legislation in Ireland Page No. 1. Engagements Getting married 2.e Pr nuptial agreements This issue of Relate provides an overview of things you may need to know if you are planning to get married including notification requirements types of legal 2. Legal prerequisites ceremony and registration of the marriage. for marriage 4. Notification requirements Engagements for marriage At one time getting engaged to marry was considered a legally binding contract 5. Different legal ways of and if the engagement was broken without lawful justification the person getting married responsible could be sued for damages for breach of promise. The Family Law Act 1981 abolished legal action for breach of promise but it allows for legal action 6. Registration of marriage where there is a dispute over property or finances between a couple following a 7. Getting married abroad broken engagement or involving a third party. Gifts between an engaged couple When two people who are engaged give gifts including an engagement ring to each other there is a presumption that they are given on the condition that the gifts will be returned if requested should the engagement end. If one of the engaged couple dies however it is presumed the gifts the deceased gave were given without any conditions. It is possible to contest either of these presumptions in court if there is evidence to the contrary. These presumptions only apply to gifts given during the engagement and do not apply to gifts given before or after the engagement. INSIDE Expenditure on preparations for marriage p2 Enforcing a pre nuptial agreement p2 Capacity to marry p3 Age requirement p3 A foreign divorce p3 Declaration of no impediment p4 Civil partners p5 Marriage Registration Form p5 Marriage ceremony p6 Renewing your wedding vows p6 Registration of marriages outside Ireland p7 page 2 Relate – February 2016 Citizens Information Board Gifts from a third party Pre nuptial agreements Where someone gives an engaged couple or one of the couple a wedding gift there is a presumption unless there A pre nuptial agreement also called an ante nuptial is evidence to the contrary that it is given to both of them agreement is an agreement entered into by a couple before as joint owners. It is also presumed that the gift will be they get married. In some cases a couple may enter into a returned if requested should the engagement end and the post nuptial agreement after they get married. marriage does not take place for any reason. This includes if the engagement ends due to the death of one of the Pre nuptial agreements vary according to each couples engaged couple. particular circumstances but generally they make provision for financial and property matters and other issues in the A third party can also apply to the courts where one of event of the breakdown of the marriage. They can cover a couple to a broken engagement received a substantial issues such as lump sum payments pensions maintenance benefit not a wedding gift from the third party as a result and custody. A couple enters into an agreement in order of the engagement. For example if a relative of one of the to try to avoid a dispute if they separate. Some pre nuptial couple carried out or paid for substantial work to improve agreements cover issues arising during the marriage. Under a property which the couple intended to use as the family Section 113 of the Succession Act 1965 a spouse can home the relative can apply to the courts for compensation. renounce their legal right share in a pre nuptial agreement. Expenditure on preparations for Enforcing a pre nuptial agreement marriage There is nothing in Irish law which stops a couple intending Where an engagement has ended and one of the couple has to marry from signing a pre nuptial agreement. Such incurred substantial expenses in preparation for the marriage agreements can serve as guides for the courts in judicial and has not benefited from the expenses that person may separation and divorce cases however the courts are not apply to the courts for compensation. One example might obliged to enforce them. be expenses incurred in booking the wedding reception honeymoon and photographer. A third party for example Only pre nuptial agreements entered into following a family member or friend who incurs expenditure on independent legal advice for both parties are likely to be behalf of one of the couple in preparation for the marriage taken into account. The court would have to be satisfied that and has not benefited may also apply to the courts there had been a complete disclosure of assets before the for compensation. agreement was signed. It is also advisable for the agreement to provide for reviews Property of engaged couples Periodically Under Section 44 of the Family Law Divorce Act 1996 disputes about property between a couple whose If children are born engagement has ended are treated in the same way as disputes between a married couple who are separating If there is a major change in circumstances or divorcing. This only applies to property in which either or both of them had a beneficial interest while they were engaged. It does not apply to property acquired after the Legal prerequisites for marriage engagement ended. Getting married is a serious commitment. Marriage is a Taking legal action legally binding contract that will affect both parties for the whole of their lives. There are a number of strict rules Legal action must be taken within three years of the and regulations governing marriage. The first set of rules engagement ending. Such actions are generally taken in specifies who may and may not marry each other and in the Circuit Court but if very valuable property is involved what circumstances. a party to the proceedings may ask that it be heard in the High Court. To contract a legally valid marriage in Ireland the parties to the marriage must Citizens Information Board Relate – February 2016 page 3 Have the capacity to marry each other Age requirement If you are ordinarily resident in the State the minimum age Freely consent to the marriage. Free consent may at which you may marry is 18 years unless you have a Court be absent if at the time of the marriage a person is Exemption Order . This is the case even if you marry outside suffering from intoxication brain damage mental of Ireland. If you are not ordinarily resident in the State you disability mental instability or insanity to the extent must be over 18 years of age if you wish to marry someone that they are not able to understand the implications in Ireland. of marriage. Additionally if someone agrees to marry because of threats or intimidation their apparent There is no requirement for parental consent to a marriage consent may also be invalid and the marriage may irrespective of the ages of the parties concerned. be void. Observe the necessary formalities and requirements by Exemption from age requirement the State for marriage In certain special circumstances you may be able to get a Court Exemption Order allowing the marriage to proceed Capacity to marry even if one or both parties are under 18. This is an informal procedure. You may apply in person without hiring a To be legally entitled to marry both of you must fulfil all of solicitor . There is no court charge for an application for a the following requirements at the time the marriage takes Court Exemption Order. The court will require you to show place. Both parties must That there are good reasons for your application Be over 18 years of age or have a Court Exemption Order if this is not the case That the granting of such an Exemption Order is in the best interests of the parties to the intended marriage Have given the Registrar three months notification of the marriage or have a Court Exemption Order if this is not the case and have been issued by the Registrar A foreign divorce with a Marriage Registration Form. A couple whose civil partnership was registered in Ireland do not have to give Not all foreign divorces are recognised under Irish law. the three months notice. Generally a foreign divorce will only be recognised in Ireland if at least one spouse was domiciled or habitually resident Be either single widowed divorced a former civil in the State that granted the divorce when the proceedings partner of a civil partnership that ended through death started. You may have to provide good evidence that this or dissolution or have had a civil annulment of a was the case and therefore that the divorce is valid under marriage or civil partnership or a valid foreign divorce Irish law. or dissolution. If you are marrying your civil partner you do not need to have your civil partnership dissolved The rules regarding the recognition of foreign divorces under before marrying. It will be automatically dissolved Irish law are complex and it is advised that specific enquiries when you marry. in that regard be addressed to the Marriages Unit of the General Register Office or through the website Have the mental capacity to understand the nature groireland.ie. of marriage If the General Registrar is of the opinion that the foreign Not be related by blood or marriage to a degree that divorce is valid then the new marriage can go ahead. If not prohibits you in law from marrying each other.