Prenuptial Agreement and Validity of Marriage Cover Image

Předmanželská smlouva a platnost manželství
Prenuptial Agreement and Validity of Marriage

Author(s): Marie Kolářová
Subject(s): Canon Law / Church Law
Published by: Společnost pro církevní právo
Keywords: prenuptial agreement; nullity of marriage; indissolubility of marriage; future condition; deficiency of marital consent; religion law; divorce

Summary/Abstract: The article deals with the canon law question of if, by concluding a prenuptial agreement under the Civil Code of 2012, those wishing to marry exclude the indissolubility of marriage. The article examines whether it can be inferred from the conclusion of a prenuptial agreement that those wishing to marry were aware that their marriage might end with divorce or even whether they consider divorce as their right. The author clarifies the notion of the exclusion of the indissolubility of marriage and defines the conduct that fulfils this subject matter. She then analyses individual motives leading to the conclusion of a prenuptial agreement. She comes to the conclusion that a prenuptial agreement does not always exclude the indissolubility of marriage.

  • Issue Year: XXIV/2018
  • Issue No: 71
  • Page Range: 43-52
  • Page Count: 10
  • Language: Czech
Toggle Accessibility Mode