Religion does not come to most people`s minds when it thinks of a conjugal agreement. However, religious principles have become an important factor in marital agreements, as people reflect on a lifetime commitment to their economic partner and spouse. When a couple marries in the Catholic Church, in most countries, the government allows the priest to also act as a civil celebrant, and the couple therefore enters through a ceremony in both a civil union and a religious union. In your case, since you were already civilly married, your Catholic marriage would have been what is called “convalidity” – it is only the attribution of the sacrament. A notice agreement is a legal contract and applies only to the civil dimension of the marriage, so the Prenup would probably still be applicable. But you`d be wise to get advice from a lawyer. Secondly, on the question of the conjugal convention: the Catholic Church does not have a blanket ban on “prenups”. In some cases, they can be very valuable and useful. It is, of course, easy to imagine terms in pre-marital agreements that run counter to the Church`s teaching on marriage. As far as I know, they represent the vast majority of pre-nups currently in force. Such documents cannot be signed in good conscience.
But one can also imagine in a pre-Nup terms that fully correspond, even support, to the Church`s teaching on marriage. Indeed, one could build a pre-nup that is deliberately counter-cultural and which, even if certain parts come into play only in the context of divorce (which a recalcitrant party cannot prevent anyway), would prevent a civil divorce in defiance of Christ`s doctrine on marriage. Marriage is very important in Islamic cultures and is considered the “key to social harmony and the bulwark against social discord and disorganization.” Judith E. Tucker, In the House of the Law 5 (1998). The Quran encourages those who can marry and declares: “Let those who cannot find the means to marry be an essential protection of chastity, as well as an act of defense of life that is essential to the growth of society and Islam” John L. Esposito, Women in Muslim Family Law (1982). [“Protection of chastity?] For example, at least some American Catholic dioceses fully support a marital agreement when both parties are widowed and have children and property from previous marriages, and the treaty deals primarily with what happens when a partner dies.