In the past few months, there have been discussions going on in certain circles about Christian marriage, and specifically about prenuptial agreements and whether they are ever appropriate in a Christian marriage.

In my studies of Scripture, I’ve concluded that prenuptual agreements are not only permissible, but would actually be wise for an engaged couple. This conclusion is based on the nature of marriage in scripture, and the relationship of both the church and civil governments to the marriage covenant.

Back in September, I had written on the nature of marriage, and concluded that “marriage is a covenant between two people before God in front of witnesses, to devote themselves to one other.” The fundamental core of a marriage is the witnessed covenant made between two people. Things like church buildings, pastors, marriage licences, wedding dresses, rings, and consumation are all nonessential accoutrements. While they may have an important function, the lack of these elements would not nullify a marriage.

Every covenant contains blessings and sactions… blessings if the covenant is followed, and sactions if the covenant is broken. In Deuteronomy 11:26-28, God promised blessings to the nation of Israel if they obeyed the covenant that God made with them, and curses if they do not obey

Behold, I set before you today a blessing and a curse: the blessing, if you obey the commandments of the LORD your God which I command you today; and the curse, if you do not obey the commandments of the LORD your God, but turn aside from the way which I command you today, to go after other gods which you have not known.

Oftentimes, Christians like to romanticize marriage to the point where the gloss over the negative sanctions of breaking the marriage covenant. We love to hear about the blessings of marriage (and they are wonderful), but we don’t like to discuss what happens if the covenant is broken.

I can understand why, of course… who wants to depress this young, beautiful couple? But, just as any contract has penalties if they’re broken, so does a marriage covenant have penalties if broken, and a couple should be aware of the penalties before entering the covenant.

The problem with our modern American society, though, is that there are no penalties. Our modern divorces are like kids playing Cops and Robbers. One kid points his gun and goes bang, and gets upset when his target doesn’t go down. Our marriage vows say, “till death do us part”, but when one person says “nevermind”, the other really has no legal recourse.

So, this is where the prenuptial agreement comes in. Before a couple is married, they agree on what the Biblical penalties should be if the covenant is broken. Of course, they can’t quite say, “If a party commits adultery, they forfeit their life”, but it could say that a no-fault divorce is not allowed. Here are some other ideas:

1. A no-fault divorce cannot be granted by either party. A divorce must have cause.
2. A lawful church court is required to find fault in any divorce, according to Biblical principles.
3. Fault can include, but is not limited to, adultery, abandonment, and physical abuse.
4. The party found at fault will forfeit all claim to any common assets.
5. The offended party will have custody over any children produced in the marriage.
6. Both parties will agree to six months of marriage counseling before a divorce is allowed by the court.

I’m sure a lawyer would be necessary to put the wording in place to protect the covenant from state divorce laws, but I think it’s a good start. What do you thing? Does this make sense, or am I missing something?