There have been calls for the Government to introduce prenuptial agreements as the court system is flooding with an ever-increasing numbers of divorce cases. 

Prenuptial agreements in which a couple specifies how they would divide their assets are common in Britain and America. 

Michelle Browne, mediator and author of Scars of Divorce: How To Avoid Them and Achieve an Amicable Divorce in Modern Ireland, describes the current system as “so broken” and believes prenups would be a “great stride” in making divorce easier. 

“The [court] cases are there because people don’t know how correctly to divide what are martial assets,” she told Newstalk Breakfast. 

“So, for example, if you were married to somebody and you had six properties going into that relationship… and your understanding was that they were mine [but] the person you married understood, ‘I’ve spent 15 years with you, they should be mine.’ 

“So, why not put an agreement in place when you’re marrying to say, ‘Should this come to an end, I know that what he had before he married means his’ or ‘What he had before he married me is shared’ - or whatever you feel is correct for you.” 

A bride's hand and ring.

Ms Browne conceded that the idea of a prenup is “not very romantic, no” but she believes the alternative is far worse. 

“Marriage breakup is on the increase,” he said. 

“So, trying to put something in place should the worst happen is [sensible]...  However, what’s going on in our divorce courts is not very romantic.” 

Alternative

For those who are getting divorced, Ms Browne recommended avoiding lawyers as much as possible and described mediation as a “game changer” for many couples.  

“Mediation is what I would say is the way to go - instead of our cases,” she said. 

“We’ve divorce in Ireland [for over] 25 years and from the outset we’ve been built to take cases. 

“It does not serve the people whose families have fallen apart… We know that mediation is the best way forward.” 

Perhaps the most famous person to use prenuptial agreements is Donald Trump.

After he was elected President of the United States in 2016, his wife, Melania, refused to move into the White House until her prenup had been rewritten to include more favourable terms for her in the event of a split.

Main image: A couple on their wedding day.