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Devoted to discussion pertaining to those issues which are specifically relevant to people 45+. Topics must have a specific perspective of people in this age group for it to be on topic.

The story of Abraham and Sarah is told in chapters 11-25 of the book of Genesis.
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Pre Nups

07/01/2012 new

Have been wondering if the Catholic Church has a formal stand on pre-nups. Also would be interested in opinions on them from people in the 45 and over age group.


Loretta



07/01/2012 new

I don't know the formal position of the Church. But, I had heard that pre-nups are NOT okay since they deal with the possible dissolution of the marriage by divorce. On the other hand, wills which deal with the allocation of assets to wife/children/etc. upon death are okay. Hopefully, someone with more of a theological background will comment on this. That said, I will not do a prenup if I get remarried as I have absolutely no intention on planning for a divorce! (And, many prenups don't hold up in court anyhow). If I get married, I plan to stay married!

07/01/2012 new

(Quote) Loretta-841943 said: Have been wondering if the Catholic Church has a formal stand on pre-nups. Also would be intere...
(Quote) Loretta-841943 said:

Have been wondering if the Catholic Church has a formal stand on pre-nups. Also would be interested in opinions on them from people in the 45 and over age group.


Loretta

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This topic has been discussed in the forums at length on a number of occasions. You may want to do a forum search on terms such as prenup, pre-num, prenuptial, pre-nuptial to locate the topics.

Basically, pre-nuptial agreements are permitted only to provide for the disposition of pre-marital assets to children from previous marriages or other dependants in the event of death. Pre-nuptial agreements that have provisions for divorce are not permitted; in fact, pastors are not supposed to permit marriage if such agreements exist.

07/01/2012 new

(Quote) Jerry-74383 said: This topic has been discussed in the forums at length on a number of occasions. You may w...
(Quote) Jerry-74383 said:

This topic has been discussed in the forums at length on a number of occasions. You may want to do a forum search on terms such as prenup, pre-num, prenuptial, pre-nuptial to locate the topics.

Basically, pre-nuptial agreements are permitted only to provide for the disposition of pre-marital assets to children from previous marriages or other dependants in the event of death. Pre-nuptial agreements that have provisions for divorce are not permitted; in fact, pastors are not supposed to permit marriage if such agreements exist.

--hide--


Jerry, wouldn't a will take care of providing for the disposition of pre-marital assets to children from previous marriage in the event of death? Why would you need a prenup to do that?

07/01/2012 new

(Quote) Patricia-29176 said:Jerry, wouldn't a will take care of providing for the disposition of pre-marital assets to ...
(Quote) Patricia-29176 said:

Jerry, wouldn't a will take care of providing for the disposition of pre-marital assets to children from previous marriage in the event of death? Why would you need a prenup to do that?

--hide--

As a non-lawyer, I would think so. But I don't pretend to understand the intricacies of the law. Perhaps one of the attorneys can enlighten us!

07/01/2012 new

(Quote) Jerry-74383 said: (Quote) Patricia-29176 said:Jerry, wouldn't a will take care of provid...
(Quote) Jerry-74383 said:

Quote:
Patricia-29176 said:

Jerry, wouldn't a will take care of providing for the disposition of pre-marital assets to children from previous marriage in the event of death? Why would you need a prenup to do that?


As a non-lawyer, I would think so. But I don't pretend to understand the intricacies of the law. Perhaps one of the attorneys can enlighten us!

--hide--



I would think that the pre-nup would show that both spouses agree on the arrangement (disposition of assets to children from previous marriage, or to other family members).


The main thing to remember is to get a priest to approve the pre-nuptials prior to the Catholic wedding ceremony.

07/01/2012 new

Good question!

In Louisiana we have marriage contracts. (Louisiana is a community property state.) There doesn't have to be a clause that addresses dissolution of the marriage. Its used as a tool to separate assets and liabilities going into the marital regime. I've seen professionals (attorneys and physicians) whose business can be more litigious, to separate property. In other words, if a doctor is sued for malpractice and the home is in the other spouse's name, the home is protected. I've also seen couples elect to enter into marriage contracts when one of the spouse's have teenagers or lots of debt. Its a way to protect the other spouse's assets.

07/01/2012 new

I checked previous threads concerning pre-nups and they seem to address them concerning protection of assets in the event of divorce. I can understand how that would be frowned on by the Church. I am more concerned with protecting my assets so that my children will inherit them after I die. Wills are fine but they are challenged and sometimes overturned. I wouldn't take assets that were gained before marriage from any man, and would not want him to latch into mine.

07/01/2012 new

They say fences make good neighbors and I feel that a pre-nup concerning assets would also make a good spouse.

07/03/2012 new

(Quote) Loretta-841943 said: I checked previous threads concerning pre-nups and they seem to address them concerning protect...
(Quote) Loretta-841943 said:

I checked previous threads concerning pre-nups and they seem to address them concerning protection of assets in the event of divorce. I can understand how that would be frowned on by the Church. I am more concerned with protecting my assets so that my children will inherit them after I die. Wills are fine but they are challenged and sometimes overturned. I wouldn't take assets that were gained before marriage from any man, and would not want him to latch into mine.

--hide--


I find this an odd position. Why would you marry someone who you wouldn't trust? Isn't marriage about sharing - "for richer or poorer, in sickness and health". When I was married, my husband and I shared everything, and in fact, had a very equitable divorce (50/50) as we both had contributed roughly equal amounts to the marriage. I can understand making provision for children in a will or perhaps a trust set up for the children. But, would you really not want to share any of your assets with the man you love and marry when you die? That doesn't sound like true Christian love to me, but then again my parents were extremely generous people who shared what they had with everyone so that by the time they died there wasn't much left (but they left me an incredible legacy of setting a generous, Christian example of how they lived their lives that has truly impacted me - I think this legacy was worth more than any monetary legacy I could have gotten!)

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