There are two different conceptions of marital agreements: one is that of a marriage agreement as an abominable means, intended to exclude a partner from the economic partnership to which he would normally be entitled under the law. The other point of view is a romantic agreement between two adults willing to take this big step towards marriage with their carefully defined finances. Whatever your client`s opinion, it is certain to say that religion does not come in most people`s minds when it thinks of a conjugal agreement (also called an intenuptial agreement). However, as more and more people marry outside of their own races, religions and beliefs, religion has become an increasingly important aspect as people consider engaging throughout their lives in favour of their economic partner and spouse. Jake`s lawyer`s comment suggests that this may not be enough. In this case, a pre-marriage agreement to deal with what happens ”if one of us dies…. would be entirely consistent with the Church`s teaching that a marriage is ”to the death.” 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) To be effectively married, the couple must have the intention 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. The conclusion of a marriage contract may indicate that the spouse does not give everything to the other – and does not think more of ”us” but rather ”mine” and ”being”.
Couples who take ”prenups” may also not intend to be indissolubly related to marriage, as they consider the possibility of divorce by taking certain guarantees of protection of their property when the relationship ends. Marriages can also show that one of the spouses has made a condition for marriage (i.e. I will marry you if …) and that any marriage subject to a condition on the future is invalid (Code of Canon Law, 1102.1). Marriages do not make a sacramental marriage null and void, but the presence of a conjugal agreement could show that something was missing in the union that made it not a valid sacramental marriage. There are two parts of the Mahrs that are important distinctions related to this article with respect to marital agreements. The first part is the Muqaddam, which the groom pays to the bride at the same time as the marriage. The mu`akhkar, or the deferred part of the Dower, is paid in the event of death or divorce.