Prenuptial agreements, which have been proposed by an expert study group, will not be appropriate in most cases, according to family law specialist Ann Fitz-Gerald.
While there was growing demand for them from clients, solicitors should approach them with caution.
She told the annual Thomson Round Hall conference that there was a lot of interest in the issue, with 44 per cent of women surveyed for a recent Irish Times poll stating that people getting married should consider one.
However, this view was held without people knowing whether they were recognised under Irish law. There has been no judicial pronouncement on this subject, she said. The study group considered that they were likely to be recognised in a court, though the weight to be given to such an agreement remained open.
"It is unlikely that a PNA will ever fully regulate the division of assets or provide a pre-determined 'proper provision' without a full examination being carried out by the judge at the date of making the separation or divorce decree," she said.
She pointed out that the study group on prenuptial agreements, set up by former minister for justice Michael McDowell, considered prenuptial agreements are enforceable in Ireland, but recommended legislation to clarify the legal position, improve procedures and allow a court to vary the agreement.
"Advising on and drafting a PNA is fraught with difficulty," she said. "If the marriage survives, you will probably never hear from the client again. If it breaks down, the solicitor may end up as a witness in court in relation to disclosure and the timing of the agreement."
Ms FitzGerald said that in the US and Australia many family lawyers refused to draw up PNAs, given that the risk of a negligence action is high and the financial benefit small.
Outlining developments in child law, Cormac Corrigan SC told the conference recent UK judgments had stressed the importance of hearing the child's views, unless it was inappropriate in the light of the child's age and level of understanding.
One judgment explained the position on hearing the views of the child as requiring that he or she understood what had happened. The child might be mature enough for his or her views to be considered, but not to claim autonomy in decision-making.