An expert group set up to advise Tánaiste and Minister For Justice, Equality and Law Reform Michael McDowell on whether divorce laws should be changed to allow for the recognition of pre-nuptial agreements is to complete its report by the end of March.
It will be chaired by family law expert Inge Clissman.
Announcing the membership of the study group yesterday, Mr McDowell said its terms of reference are to study and report on the operation of the law since the introduction of divorce in 1996 with respect to pre-nuptial agreements, taking into account constitutional requirements.
The Tánaiste has asked the group to report to him, and to make recommendations for change in the law as it considers necessary, by the end of March 2007.
He intends to publish the report and any recommendations made.
Ms Clissman is an expert in family law and has represented clients in some of the leading family law cases, according to Mr McDowell. Her specialist areas include matrimonial litigation, child advocacy and related private international law issues.
The other members of the group are Ross Aylward, LLB; Marie Baker, senior counsel; Margaret Bannon, advisory counsel, office of the Attorney General; Stephanie Coggans, managing solicitor at the law centre, Legal Aid Board, Monaghan; Louise Crowley, solicitor and lecturer at the faculty of law, UCC; and John Kenny of the Department of Justice, Equality and Law Reform.
At present there is no specific provision in Irish divorce legislation to recognise pre-nuptial agreements, but they are not specifically outlawed in Irish marital law.
The High Court and Supreme Court have not yet delivered a judgment on the status of such agreements in law.
Commenting on yesterday's announcement, the Minister said the issue of pre-nuptial agreements, as circumscribed by the Constitution, was not straightforward.
"It will require close examination by the group," Mr McDowell said.
"I look forward to having the group's report, which I expect will help to fully inform the public and the Government on what action can and should be taken," he said.