I do not know that the Church has made a decision against pre-marital agreements, but such agreements seem to contradict marriage vows “until death, whether we are part” or “every day of my life.” 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. In practice, marital agreements may violate canon law in several respects if they violate religious principles. For example, they cannot subject a marriage to a condition of the future (for example. B to a property-sharing agreement in the event of a divorce). The code of canon law provides that a marriage subject to a condition for the future cannot be concluded with validity. (CIC 1102) There is nothing wrong with singing marital chords that deal with what happens when you die.
The California Court of Appeals recognized the award in In re Marriage of Shaban, 105 Cal. Rptr. 2d 863 (Ct. App. 2001). The court found that the Mahr was merely a marriage certificate and not a marital agreement, because it focused on the date, place, time and witnesses of the marriage, not the distribution of property. A New York court reached a similar conclusion to Habibi-Fanrich v. Fanrich, 1995 WL 507388 (N.Y. Supp. 1995). The Tribunal found that while religious agreements could be enforceable if they complied with the Fraud Act, this specific agreement was not essential, specific and insufficient.
It was therefore not applicable, as it exposed only the venue, the participants and the officials of the ceremony. When a couple marries in the Catholic Church, in most countries, the government allows the priest to also act as a civil celebrant, and the couple therefore enters through a ceremony in both a civil union and a religious union. In your case, since you were already civilly married, your Catholic marriage would have been what is called “convalidity” – it is only the attribution of the sacrament. A notice agreement is a legal contract and applies only to the civil dimension of the marriage, so the Prenup would probably still be applicable.