Q. These days, people are entering into
marriage at a later age. Many bring with them considerable financial assets
and, seeking ways to protect those assets, are drawing up prenuptial agreements
by which they attempt to exclude their spouse's claim on this wealth should a
divorce occur.
I have always understood that this type of
agreement is an impediment to a Catholic marriage. It calls into question the
total commitment required for a marriage, since the agreement is predicated on
the marriage's dissolution.
Recently, a relative of mine and her
fiance who are in a similar situation met with their parish priest, who never
brought up this issue in their pre-Cana counseling. So, my questions are these:
Is this type of prenuptial agreement, in fact, an impediment? If so, are
priests as part of their premarital counseling instructed to bring this issue
up? If not, should they be? (Slingerlands, N.Y.)
A. The church does not have a blanket prohibition against
prenuptial agreements, and so such an agreement does not in itself constitute
an impediment to a Catholic marriage. In certain specific circumstances, a
"prenup" can be warranted.
Let's say, for example, that a widow marries a widower and they
both have children from their previous marriages; a prenup is a legitimate way
of clarifying what is common property and what is separate, as a basis for
determining the inheritance rights of each spouse's children.
In most cases, though, the mention of a prenup should raise
concerns in a priest's mind. The clear teaching of the Catholic Church is that
marriage is permanent and requires an unconditional commitment.
In a wedding ceremony, before they take the vows, I ask the
couple, "Have you come here freely and without reservation to give
yourselves to each other in marriage?"
Apart from the sort of situation I indicated above, it would make
me nervous for a couple to raise the issue of a prenup, and I would always
question them about their understanding of indissolubility and their pledge to
permanence. I certainly would not marry a couple if I thought they were simply
trying to create an "escape hatch."
Editor’s Note: According to Father Robert
J. Rippy, judicial vicar of the Diocese of Arlington, “There is no impediment
regarding prenuptial agreements. The priest preparing the couple needs to
investigate the reasons for wanting one and as long as it doesn’t contradict
any of the basic elements of our teaching on the goods of marriage, it can be
permitted.”
Questions may be sent to Fr. Kenneth Doyle at
askfatherdoyle@gmail.com and 30 Columbia Circle Dr., Albany, N.Y. 12203.