June 14, 2021

Catholic Church Position On Prenuptial Agreements

As divorce is becoming more common, many engaged couples ask themselves the question: “What if we don`t make it?” The concern is not always related to the guarantee of financial assets among those who marry from different rich countries. Sometimes a spouse entering into a second marriage wishes to protect the inheritance of his children from the first marriage, and a conjugal agreement may be as relevant to objects of sentimental value as to objects of monetary value. For most couples preparing for marriage in the Catholic Church, the question of prenups arises only occasionally. If this is the time, couples must be fully informed of the impact on the validity of their marriage in the eyes of the Church, as well as the very real effects they have on the commitment of spouses. There is no ecclesiastical rule against marital agreements. The problem is that pre-nups are often abused. People use it to plan divorce before they are married. It`s not really a wedding. At first glance, this seems to rule out a conjugal agreement, and most Catholics – ecclesiastical and lay – probably think so. Yet, like many aspects of Catholicism, it tends to be more complicated and nuanced than general.

Q: Does a conjugal agreement invalidate a sacramental marriage in the Catholic Church? I have heard that it is only a legal agreement, but others say that it makes marriage null and void, because not all spouses give on their own. Please explain to me. The case of a widow and widower who only want to protect the natural right to inherit children from first marriage can be exceptional. This is clear if the marital agreement provides for the provision of the property provision in the event of death and not divorce. A marital agreement, which offers protection in the event of divorce, may well mean the exclusion of the permanence of marriage and thus the nullity of marriage from a Catholic point of view. In cases where one party has much more assets than the other and these assets are protected from the future spouse and no third party benefits (. B for example, elderly parents who have spent their lives setting up a family business), it is difficult to see how the couple hears the community of life, the real marriage.

About Bob Bergey

Bob has been driving motorcoaches since 2002, in every state east of the Mississippi and a few west, as well as the four southeastern-most provinces of Canada. In addition to driving, he's an avid photographer (and former professional), enjoys writing and technology.