Prenuptial Agreements

[stina]

I have a feeling I already know the answer to this question, but just to make sure…
What does the Church think about getting a prenuptial agreement

 

[1ke]

I have a feeling I already know the answer to this question, but just to make sure…
What does the Church think about getting a prenuptial agreement

Most prenuptial agreements would invalidate an attempt to marry. Canon Law stipulates one cannot contract a valid marriage subject to future conditions-- i.e. a “prenuptial agreement”. Therefore any agreement regarding future conditions, especially as they relate to a dissolution of the marriage, would create a defect of consent:

Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly.

However, while most pre-nups place future conditions on a marriage, there are those that can be legitimately contracted-- for example Catholics marrying a second time (after death of a spouse or a decree of nullity) can make arrangements for the disposition of assets to children of their first marriage upon their death.

Anyone who has a serious concern about this should consult their priest during marriage prep and obtain counsel from the diocesan canon lawyer.

 

[Br.Rich_SFO]

I have a feeling I already know the answer to this question, but just to make sure…
What does the Church think about getting a prenuptial agreement

They most likely invalidate the Marriage because they set conditions and expectations of non-permanency.

 

[cameron_lansing]

As a canon lawyer, I have reviewed pre nups, and would verify 1ke’s response in general. They need careful analysis and can sometimes be acceptable.

At other times, they do reflect the dangers that Brother Rich presents. The you- know- what is in the details and the manifested intention of the parties, and I would be hesitant to make a blanket assertion about all of them.

However, conditional consent contingent on a future event is not the only possibility which they pose. They may also pose the possibility of an exclusion of an essential property or element of marriage noted in canon 1101. It is also possible that even another kind of deficit of consent may present an underlying motive for them.

So they need careful canonical and even civil examination by qualified experts.

Certainly, they present an exceptional turn of events, since marriage is to be a consortium (English: partnership) of the whole of life. The Latin origin of consortium is the “casting of lots” together. While marriage is not a toss of the dice but an institution established by God to which people are joined by consent, it is a complete sharing of life that involves an unknown future.

 

[Br.Rich_SFO]

As a canon lawyer, I have reviewed pre nups, and would verify 1ke’s response in general. They need careful analysis and can sometimes be acceptable.

At other times, they do reflect the dangers that Brother Rich presents. The you- know- what is in the details and the manifested intention of the parties, and I would be hesitant to make a blanket assertion about all of them.

However, conditional consent contingent on a future event is not the only possibility which they pose. They may also pose the possibility of an exclusion of an essential property or element of marriage noted in canon 1101. It is also possible that even another kind of deficit of consent may present an underlying motive for them.

So they need careful canonical and even civil examination by qualified experts.

Certainly, they present an exceptional turn of events, since marriage is to be a consortium (English: partnership) of the whole of life. The Latin origin of consortium is the “casting of lots” together. While marriage is not a toss of the dice but an institution established by God to which people are joined by consent, it is a complete sharing of life that involves an unknown future.

I should have been more careful in the choice of my words.

They could possibly invalidate the Marriage because they set conditions and expectations of non-permanency.

 

[JimR-OCDS]

Hmmm, then this would’ve been why Paul McCarthy(the Beatle), did not get a pre-nupt in his marriage to whats her name? Paul is a Catholic, FYI.

Jim