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Medical_Student
Guest
Just wanted to check in and see if there were any particulars RE: above – or is it for the most part the same as the Roman Church.
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Herculees
Guest
I’m not aware of any teachings specific to EC on this topic, however, for the most part the Catholic Church as a whole frowns prenuptial agreements.
The Catholic Church does not have a blanket prohibition of “prenups.” In certain cases, they can be quite valid and helpful. When a widow marries a widower, for example, and they both have children from their previous marriages, a prenup is a legitimate way of determining what is common property and what is separate as a basis for determining the inheritance rights of each spouse’s children.
In most cases, though, prenups are a bad idea and may even call into question the validity of the marriage itself.
Canon 1102 of the church’s Code of Canon Law says that “marriage subject to a condition about the future cannot be contracted validly.” For a prospective spouse to say, for example, “I will marry you, if you agree I’ll get half the assets at a divorce,” strikes at the heart of the church’s view of marriage. The very contemplation of divorce at the outset of a marriage creates an “escape hatch” and could well imply something less than a total commitment.
The Catholic Church does not have a blanket prohibition of “prenups.” In certain cases, they can be quite valid and helpful. When a widow marries a widower, for example, and they both have children from their previous marriages, a prenup is a legitimate way of determining what is common property and what is separate as a basis for determining the inheritance rights of each spouse’s children.
In most cases, though, prenups are a bad idea and may even call into question the validity of the marriage itself.
Canon 1102 of the church’s Code of Canon Law says that “marriage subject to a condition about the future cannot be contracted validly.” For a prospective spouse to say, for example, “I will marry you, if you agree I’ll get half the assets at a divorce,” strikes at the heart of the church’s view of marriage. The very contemplation of divorce at the outset of a marriage creates an “escape hatch” and could well imply something less than a total commitment.
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Bookcat
Guest
Pre nups are rather on the side of not permitted in the Catholic Church. And can even invalidate a marriage depending…
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Sirach2
Guest
Good article, but it does not describe alternative motivation. It seems to focus totally on the possibility of divorce. I have a friend who entered marriage with a prenup, but the intent was to leave property to her son in the** event of her death**, and not in the event of a divorce. Her fiancé also had a will wherein he named his children, again, in the event of his death.
Sadly, they did later divorce, and her husband is now using this as grounds for annulment. However, as I read the article, the basis of marriage depends on the mutual consent entered into, which was a very holy and blessed decision at the time of the marriage.
Comments?
Sadly, they did later divorce, and her husband is now using this as grounds for annulment. However, as I read the article, the basis of marriage depends on the mutual consent entered into, which was a very holy and blessed decision at the time of the marriage.
Comments?
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SyroMalankara
Guest
Why would you need a prenup to pass property to children? There are other legal documents one can file.
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Sirach2
Guest
That may be true, but not as effective. One may express their intent in a will or other contractual agreement, but this may be secretly changed by either party without the other’s knowledge. As you may know, a new will does not need to be filed; it may be validly [and secretly] changed at a later date by a handwritten paper, usually witnessed by another person. Many lawsuits of the rich-and-famous have been contested over just such instruments as this.
However, a pre-nup is a an agreement formally entered into for a binding purpose as disposition of property or assets owned by either spouse prior to the marriage.
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Vico
Guest
An irrevocable trust is better than a prenuptial agreement. There is also the revocable living trust AB (with marital trust and bypass trust) or an ABC trust. Do not move community property into a trust that was created before the marriage.
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Sirach2
Guest
I can see a value in an AB trust, but it doesn’t differ very much in theory from a pre-nup. In either case, the assets are formally delineated and determination is made regarding beneficiaries. The only difference in the trust is that it will provide greater advantage in escaping tax liability in the event of death.
Not too many folks entering into a second marriage are aware of these trusts, unless they receive counselling from an attorney skilled in these two types of instrument.
The question at hand seems to be, does either instrument invalidate the marriage? I think not, since tribunals will evaluate the mutual consent entered into at the time of the marriage, which in itself may be sacramentally binding, despite any agreement regarding the disposition of assets. Dr. Peters alluded to this in Bookcat’s link.
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Vico
Guest
The trusts are not an agreement between the spouses like a prenuptial is so can be private and the assets in them are never part of the marital estate.I can see a value in an AB trust, but it doesn’t differ very much in theory from a pre-nup. In either case, the assets are formally delineated and determination is made regarding beneficiaries. The only difference in the trust is that it will provide greater advantage in escaping tax liability in the event of death.
Not too many folks entering into a second marriage are aware of these trusts, unless they receive counselling from an attorney skilled in these two types of instrument.
The question at hand seems to be, does either instrument invalidate the marriage? I think not, since tribunals will evaluate the mutual consent entered into at the time of the marriage, which in itself may be sacramentally binding, despite any agreement regarding the disposition of assets. Dr. Peters alluded to this in Bookcat’s link.
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Sirach2
Guest
Could it be argued against a valid marriage whenever these assets are “privately” set aside in a trust almost immediately prior to the marriage? I am not disagreeing with you, but the timing could be seen as “what’s mine remains forever as mine.” I just choose to use a fancier way of setting them aside.
If a person has children and wishes to protect them in the event of death, I would think that this trust should be done long before there is a second marriage on the horizon. There could be no doubt then about their assets being excluded from a future partner.
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Vico
Guest
If an agreement indicates that the spouses do not regard marriage as indissoluble, it would be grounds for declaration of nullity. Future conditions are not allowed, but other conditions are allowed with written permission.
CIC
Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly.
§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not.
§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of the local ordinary.
Ok would be: I will marry you provided you don’t have any debt, or I will marry you provided that you have never been married before, or I will marry you provided that you have graduated from college.
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