[quote="Sirach2, post:11, topic:442882"]
Could it be argued against a valid marriage whenever these assets are "privately" set aside in a trust almost immediately prior to the marriage? I am not disagreeing with you, but the timing could be seen as "what's mine remains forever as mine." I just choose to use a fancier way of setting them aside.
If a person has children and wishes to protect them in the event of death, I would think that this trust should be done long before there is a second marriage on the horizon. There could be no doubt then about their assets being excluded from a future partner.
If an agreement indicates that the spouses do not regard marriage as indissoluble, it would be grounds for declaration of nullity. Future conditions are not allowed, but other conditions are allowed with written permission.
Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly.
§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not.
§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of the local ordinary.
Ok would be: I will marry you provided you don't have any debt, or I will marry you provided that you have never been married before, or I will marry you provided that you have graduated from college.