Prenumptual Agreements

[ett]

I really don’t want to believe in prenuptial agreements. I understand that the church that it is not a valid marriage for a couple to have a prenuptial agreement, but what of this scenario?

A man thinks of this hypothetical situation…

1. 2 fall in love.
2. They get married, but she really loves his house, or the location of the house is in a highly desirable location.
3. for some reason she later decides this wasn’t for her, but she wants the house. She blames him for the dissolving of the relationship any way she can. She takes the house through a court settlement.
4. The man did nothing wrong. The man worked hard for the house, or it was passed down within his family. The man loses everything because courts favor women in breakups.

So even though he loves her very much, with fear of what to expect as they get to know each other in married life, he wants to protect himself in case she turns into a monster.

How can he protect himself without a prenuptial agreement? Will the church annulment let him have what was rightfully his before the (invalid) marriage?

 

[ffg]

Since a pre-nup has to be signed by both parties and lawyers are involved to ensure the contract is enforceable, it would seem both parties are marrying the wrong person, if thinking one is necessary. (outside of the contradiction of such a contract with marriage)

Pre-nups are contrary to the giving of your entire self in marriage.

Marriage is more than a contract, it’s self giving, covenant.

Divorce proceedings in court would be the fight over the assets, the annulment process is to learn validity of the marriage.

The Church would not be in charge of disbursing assets.

 

[BlueEyedLady]

In this hypothetical, the man in question has a pretty poor understanding of both marriage and divorce.

She couldn’t get the house if he owned it prior to the marriage barring her involvement in major renovations or repairs that increase the value of the home. Even then, she’s only entitled to some of the added value.

But more importantly, you can’t reconcile a prenup with going “all in” in marriage, regardless of what hypothetical you dream up - all that is just excuse-making instead of really considering what’s important.

 

[Tarpeian_Rock]

I really don’t want to believe in prenuptial agreements. I understand that the church that it is not a valid marriage for a couple to have a prenuptial agreement, but what of this scenario?

A man thinks of this hypothetical situation…

1. 2 fall in love.
2. They get married, but she really loves his house, or the location of the house is in a highly desirable location.
3. for some reason she later decides this wasn’t for her, but she wants the house. She blames him for the dissolving of the relationship any way she can. She takes the house through a court settlement.
4. The man did nothing wrong. The man worked hard for the house, or it was passed down within his family. The man loses everything because courts favor women in breakups.

So even though he loves her very much, with fear of what to expect as they get to know each other in married life, he wants to protect himself in case she turns into a monster.

How can he protect himself without a prenuptial agreement? Will the church annulment let him have what was rightfully his before the (invalid) marriage?

Is that true – that a pre-nuptial agreement renders a marriage invalid in the eyes of the Church?

 

[dans0622]

Is that true – that a pre-nuptial agreement renders a marriage invalid in the eyes of the Church?

No, it’s not. Such an agreement can be evidence of some kind of invalidating defect in marital consent but it is not necessarily so.

Dan

 

[BlueEyedLady]

Is that true – that a pre-nuptial agreement renders a marriage invalid in the eyes of the Church?

It’s my understanding that all marriages enjoy the favor of the law. But in the event of a split, the prenup can be used to show that one or both members never intended a complete, lifelong commitment from the start. And if a priest is aware of it, he’ll refuse to marry them because they aren’t showing a full commitment to and understanding of marriage.

I know it’s not all prenups though. Only the ones designed to protect one or both parties in the event of a divorce. For instance, ones that outline division of property between a new spouse and children from a previous marriage in the event the person dies are fine. Someone mentioned in a thread a few weeks ago that ones designed to strengthen marriage, like with adultery penalties, are fine too.

 

[pianistclare]

In this hypothetical, the man in question has a pretty poor understanding of both marriage and divorce.

She couldn’t get the house if he owned it prior to the marriage barring her involvement in major renovations or repairs that increase the value of the home. Even then, she’s only entitled to some of the added value.

But more importantly, you can’t reconcile a prenup with going “all in” in marriage, regardless of what hypothetical you dream up - all that is just excuse-making instead of really considering what’s important.

My sentiments exactly.

 

[Hoosier_Daddy]

I really don’t want to believe in prenuptial agreements. I understand that the church that it is not a valid marriage for a couple to have a prenuptial agreement, but what of this scenario?

A man thinks of this hypothetical situation…

1. 2 fall in love.
2. They get married, but she really loves his house, or the location of the house is in a highly desirable location.
3. for some reason she later decides this wasn’t for her, but she wants the house. She blames him for the dissolving of the relationship any way she can. She takes the house through a court settlement.
4. The man did nothing wrong. The man worked hard for the house, or it was passed down within his family. The man loses everything because courts favor women in breakups.

So even though he loves her very much, with fear of what to expect as they get to know each other in married life, he wants to protect himself in case she turns into a monster.

How can he protect himself without a prenuptial agreement? Will the church annulment let him have what was rightfully his before the (invalid) marriage?

What a theologically ignorant couple.

Why in these threads is some “poor” guy always the victims of some “evil gold digger”

In the vast majority of divorces the woman loses economic security…

 

[AdamP88]

If you don’t trust your potential spouse… Don’t get married. I think that’s pretty basic marriage advice.