Canon Law Prenuptial Agreement

What about the promise of fidelity made when love and obedience are promised? Nor does this run counter to my characterization of most of the covenant as a pre-marital agreement for two reasons: first, because fidelity is made up of marriage, one cannot marry if, in trying to marry, one has a positive intention contrary to fidelity (1983 CIC 1056 and 1101 `2); but, in the worst and the bad (no intentional pun), one can marry without “loving” or “honoring” one`s spouse. Second, the violation of a sincere promise of fidelity, even if it is gravely sinful, does not invalidate marriage, as we know. It is suggested that the priest or deacon ask the couple for the possible presence of a conjugal arrangement at the first meeting, as well as questions about the possible presence of a previous marriage. The couple must understand that a marriage for religious reasons can be an obstacle to marriage in the Catholic Church. A legal document protecting the property separated from potential spouses can completely undermine and invalidate the community of life, which is essential for marriage. However, some courts do not recognize this innate problem in the characterization of a mahr as a marriage contract. For example, in New Jersey, the court in Chaudry v. Chaudry, 388 A.D.2d 1000 (N.J. Super. Ct. App. Div.

1978), found that Mahr`s agreement was an tenuptial agreement, so that it refilled child support or fair distribution and gave the wife only $1,500 of her deferred Mahr instead of half of her wealthy husband`s estate. To really get married, one party only has to say, “I take you as my husband and wife,” to whom the other party says, “I think you`re my wife/husband.” Assuming canonical abilities and respect for the canonical form, the consent thus exchanged is sufficient for marriage. 1983 CIC 1057 No. 1. The rest of the beautiful ritual of marriage (songs of love and honor, for better or for worse, etc.) are reciprocal promises made before, or at least at the same time, with the exchange of membership that marriage does alone. The violation of these promises by one or both parties, although having a serious sin, does not annul marriage, because marriage arises from mutual consent to marriage, not from reciprocal promises of “love,” “honour,” etc. Moreover, non-Catholic Catholics were obliged not so long ago to promise, before marriage, to educate children as Catholics (1917 CIC 1061). Such a premarital obligation was, by definition, a pre-judged agreement.