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"Prenuptial agreements can bring validity into question when they center around disposition of assets in case of divorce. You can see by the canons above that marriage is permanent partnership. However, a prenuptial agreement with asset allocation in case of divorce brings in to question both Canon 1101-- the agreement is a positive act that excludes an essential property of marriage (permanence). Also, Canon 1102 specifically says marriage cannot be subject to future conditions."

"Each diocese has their own process, but during marriage prep you would be asked about any prenuptial agreement. If you have one, it would have to be investigated and could be an impediment to proceeding with the marriage. If it's based on divorce-- it's almost certainly invalidates consent. You would have to rescind such an agreement before being allowed to proceed with marriage."

"In the case of widows/widowers setting up inheritance rights for children of the first marriage upon death (NOT divorce) the church does not consider consent to have been compromised." forums.catholic.com

Can. 1101 §1. The internal consent of the mind is presumed to conform to the words and signs used in celebrating the marriage.

§2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly.

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

§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not.

§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of the local ordinary.



www.vatican.va

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05/10/2012 new

The only reason that I would have a prenup is that I am a widow and there are military considerations, however, it is complicated. :(

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05/11/2012 new

(Quote) Linda-756196 said: The only reason that I would have a prenup is that I am a widow and there are military considerat...
(Quote) Linda-756196 said:

The only reason that I would have a prenup is that I am a widow and there are military considerations, however, it is complicated. :(

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Permissable according to what I stated in the First Post.

"In the case of widows/widowers setting up inheritance rights for children of the first marriage upon death (NOT divorce) the church does not consider consent to have been compromised."

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05/11/2012 new
I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing family homes, businesses, etc because of no prenup.
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05/11/2012 new

(Quote) Dawn-758914 said: I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing fa...
(Quote) Dawn-758914 said: I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing family homes, businesses, etc because of no prenup.
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Hind sight being 20/20 my ex handed me a prenup 3 days prior to the wedding (that my family paid for) with the statement that without my signature on it there would be no wedding. I had no time to take it to an attorney of my choosing due to time constraints and he also made the statement I should TRUST him to have my best interest at heart. What that document actually did was enable him to behave in any manner he wished within the marriage because when I filed for divorce lo and behold NOTHING accumulated during the 18 years of marriage was marital. It was ALL tied to his business which he had prior to marriage. During the marriage I supported the family with my income while his went to build his business. When the straw that broke the camels back came I found out what TRUST really was. It was spelled S-T-U-P-I-D-I-T-Y. Never again.

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05/11/2012 new

(Quote) Dawn-758914 said: I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing fa...
(Quote) Dawn-758914 said: I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing family homes, businesses, etc because of no prenup.
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It's not allowed in the Catholic Church.There are no guarantees when entering Marriage.The Prenup automatically reveals a lack of trust in your future spouse,and a lack of trust in God, and the graces that come from the Sacrament of Holy Matrimony.Marriage is not for the faint of heart!

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05/11/2012 new

A future spouse may agree to conditions, spelled out in a prior settlement, in terms of inheretence. Both parties should be very clear on what they're agreeing to.

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05/11/2012 new

(Quote) Richard-143340 said: A future spouse may agree to conditions, spelled out in a prior settlement, in terms of inheret...
(Quote) Richard-143340 said:

A future spouse may agree to conditions, spelled out in a prior settlement, in terms of inheretence. Both parties should be very clear on what they're agreeing to.

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Sorry---inheritance.

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05/11/2012 new

(Quote) Richard-143340 said: A future spouse may agree to conditions, spelled out in a prior settlement, in terms of inheret...
(Quote) Richard-143340 said:

A future spouse may agree to conditions, spelled out in a prior settlement, in terms of inheretence. Both parties should be very clear on what they're agreeing to.

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For children from a prior marriage? Yes.

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05/11/2012 new

(Quote) Linda-453870 said: (Quote) Dawn-758914 said: I would do a prenup if I was at risk of losing somethin...
(Quote) Linda-453870 said:

Quote:
Dawn-758914 said: I would do a prenup if I was at risk of losing something. I have seen countless cases of people losing family homes, businesses, etc because of no prenup.



Hind sight being 20/20 my ex handed me a prenup 3 days prior to the wedding (that my family paid for) with the statement that without my signature on it there would be no wedding. I had no time to take it to an attorney of my choosing due to time constraints and he also made the statement I should TRUST him to have my best interest at heart. What that document actually did was enable him to behave in any manner he wished within the marriage because when I filed for divorce lo and behold NOTHING accumulated during the 18 years of marriage was marital. It was ALL tied to his business which he had prior to marriage. During the marriage I supported the family with my income while his went to build his business. When the straw that broke the camels back came I found out what TRUST really was. It was spelled S-T-U-P-I-D-I-T-Y. Never again.

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Good story,which shows the other side of the coin on Prenups,and complications it can cause.Thanks for sharing that Linda.

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