Catholic Marriage And Prenuptial Agreements
Clients of the Catholic faith who wonder where they are at the intersection of canon and civil law could learn this lesson: research your diocesan attitude to marriage contracts, think about your reasons for such a contract (for example, whether children need protection), and move forward as prescribed by reason and faith. Marriage contracts are as individual as any couple concluded to you; The inclusion of teachings or elements of one`s own faith does not necessarily have to be an obstacle to building one`s own elements. Marriage contracts are a matter of civil law, so Catholic canon law does not pronounce them in principle. Although canon law does not mention the theme of marriage treaties, the Catholic Church teaches that marriage is the total gift of spouses to God through the other. So there can be no conditions. A marriage contract is a very big string! “www.catholic.com/thisrock/quickquestions/category/Marriage/page2 To get married, it is enough for one party to say `I take you as my husband/wife`, to which the other party says, `I take you as my wife/husband`. In the hypothesis of canonical capacity and respect for the canonical form, the consent thus exchanged is sufficient for marriage. 1983 CIC 1057§ 1. The rest of the beautiful wedding rite (evenings of love and honor songs, for better or for worse, etc.) are reciprocal promises made before, or at least at the same time, with the exchange of consent which constitutes the only marriage. The violation of these promises by one or both parties, although severely sinful, does not invalidate the marriage, because marriage arises from mutual consent with marriage, no reciprocal promises of “love”, “honor”, etc.
In addition, before marriage, non-Catholics who married Catholics had to promise to educate the children as Catholics (1917 CIC 1061). Such an obligation before marriage was by definition a conjugal contract. Canon Law: Letter and Spirit, a commentary on canon law, states that “condition” can be defined as “a provision by which an agreement is subject to the verification or execution of a circumstance or event that is not yet certain.” He adds that “any condition relating to the future related to conjugal consent invalidates the marriage.” For example, a marriage would not be valid if the parties have decided that they should have children or that they would have the right to divorce and remarry someone else. To be validly married, the couple must intend to marry as the Church does: this marriage is a partnership of the whole of life, in which the spouse offers himself to the other. Entering into a marriage contract may indicate that the spouse is not giving everything to the other – and is not thinking about ours, but mine and his. Couples who take “prenups” may also not intend the marriage to be indissolable, as they are considering the possibility of divorce by taking certain security measures to protect their property when the relationship ends….