A marriage contract in this case could contain more instructions than a will, as well as a much more detailed registration of the assets involved. The priest or deacon does not believe that a conjugal agreement is acceptable. In the Diocese of Pittsburgh, for example, before marriage plans can proceed, a copy of the marriage agreement must be sent to the Department of Civil Law and Canon Services for evaluation. The couple must be informed that the wedding plans are on ice until it is decided whether the marriage in question would not be valid. If the marital agreement is invalidated, the couple must revoke the contract before they can resume plans for a Catholic marriage. Although there is no specific rule against marital agreements per se, it is clear that Catholics are not in favour of such agreements for religious reasons. Q: Does a conjugal agreement invalidate a sacramental marriage in the Catholic Church? I have heard that it is only a legal agreement, but others say that it makes marriage null and void, because not all spouses give on their own. Please explain to me. A marital agreement usually describes what happens when a marriage ends in divorce or other dissolution of the marriage. This seems at first to contradict the idea that a Catholic marriage is two people who swear to marry “until death separates us” (i.e. they are still married even if they are civilians). The California Court of Appeals recognized the award in In re Marriage of Shaban, 105 Cal.
Rptr. 2d 863 (Ct. App. 2001). The court found that the Mahr was merely a marriage certificate and not a marital agreement, because it focused on the date, place, time and witnesses of the marriage, not the distribution of property. A New York court reached a similar conclusion to Habibi-Fanrich v. Fanrich, 1995 WL 507388 (N.Y. Supp.
1995). The Tribunal found that while religious agreements could be enforceable if they complied with the Fraud Act, this specific agreement was not essential, specific and insufficient. It was therefore not applicable, as it exposed only the venue, the participants and the officials of the ceremony. 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.” Cheryl Foster practices marriage and family law mainly in Manhattan and in the surrounding Boroughs and counties. It specializes in the preparation of separation agreements, contentious and uncontested divorces, litigation procedures, disputed visit contracts, assistance issues and pre-contract/post-marriage agreements.