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Good News on the Law: Before You Say “I Do” to a Pre-Nup…
Good News Daily ^ | May 7, 2008 | Stephen Bloom

Posted on 05/07/2008 8:37:27 AM PDT by LikeLight

Are you a joyful bride-to-be? An eager (or nervous!) groom? Perhaps you have a son or daughter getting married this spring or summer? Perhaps a beloved grandchild? Or maybe a lifelong friend? The peak of wedding season is arriving and many of us have a special acquaintance or family member ready to “tie the knot” in a beautiful marriage ceremony of thrilling romance and holy commitment.

So what does any of this have to do with the law? Why am I raising the subject of weddings in my Christian legal column? I’m writing to brides and grooms and those close to them because I want to encourage you to build the strongest possible marriage from the beginning, a marriage built on the solid foundation of God and His Word. And I’m writing because I want to encourage you not to weaken or undermine that sacred foundation by relying on destructive legal “worldly wisdom” that commonly advises you not to get married without first entering a pre-nuptial agreement.

[snip]

In an era of frequent marital break-ups and complex family structures, our cynical culture and most secular lawyers portray anyone getting married without a pre-nup as either foolish or naive. Before the wedding day, we are warned, wise couples should agree in writing what will happen if and when the marriage dissolves. But is there something wrong with this pessimistic advice? Should Christians begin their sacred marriage relationship as if it were just another business deal? Is it healthy for a husband and wife to be forced into negotiating against one another as legal adversaries, each with their own attorneys, in the days or weeks before they are joined as “one flesh” in the eyes of God?

[snip]

(Excerpt) Read more at goodnewsdaily.net ...


TOPICS: Culture/Society; Editorial; Philosophy
KEYWORDS: catholic; christian; judeochristian; marriage; prenups; prenuptialagreement; religion; weddings
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To: nina0113

Seriously? Canon Law?

What about second marriages (death of spouse, of course!)

I’ve been married so long a second marriage would never enter my mind if my spouse should die. But, if it did, how on earth could I protect my children? (Right, children at 40!)

I guess I’d have to do trusts hmmmm.


21 posted on 05/07/2008 8:52:20 AM PDT by OpusatFR
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To: Between the Lines
Our Marriage Covenant...

Encouraging. Thanks for sharing.

22 posted on 05/07/2008 8:53:29 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: CDHart

In an era where money is coveted and greed is rampent,if the person has a substantial amount of money and the other person does not have much, or if both have large inheritances a prenup is important. People are crazy, christian or not, to get married without a prenup that spells out who gets what if they decide to divorce. The reason being that the lawyers would get most of their money trying to keep it from the other person. No prenup works great for attorneys. And if children are involved from previous marriage, then all the more it’s needed. If you both are broke, or equally balanced, then maybe it doesn’t matter.
I am a strong christian, and your marriage is only solid if BOTH parties work at it, period. Christian marriages have almost same divorce rate as nonchristian marriages. Whether you sign a prenup or not will not affect your marriage, that’s superstition. You can never make another person do what they are supposed to do, if you could there wouldn’t be an over 50% divorce rate.


23 posted on 05/07/2008 8:58:38 AM PDT by Kackikat ((No strong national security, and the rest of issues are mute points; chaos ensues.))
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To: ElkGroveDan
Long ago while she was still single Elizabeth Taylor said, “I hope my first marriage will be a happy one.”

The quote summarizes pretty well the attitude that worries me, the sense that defeat is inevitable, even from day one of the marriage. Thanks for posting.

24 posted on 05/07/2008 8:59:28 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: Kackikat
You can never make another person do what they are supposed to do...

That's why I always tell my business clients that WHO you're contracting with is more important than any words I can put in the contract. I can write the best contract in the world, but if you're dealing with a snake, you're still gonna get bit.

25 posted on 05/07/2008 9:02:51 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: steve-b
Such inane argument is on a par with the belief that going to the doctor reflects a lack of faith in God's providence.

Your analogy is wrong. Anything that makes divorce easier has a tendency to undermine marriages. If it is more expedient to terminate the patient (ailing marriage) than to go to the doctor to get treatment (counselors etc.) and there is little or no consequence to the one who terminates the patient - death is imminent.

26 posted on 05/07/2008 9:06:27 AM PDT by Between the Lines (I am very cognizant of my fallibility, sinfulness, and other limitations.)
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To: JamesP81
Don’t get married. It is nearly impossible to tell the good ones from the bad ones anymore.

That's one way to approach things. But there are some good ones out there, and you're taking yourself out of contention. Marriage is still a great blessing for many.

27 posted on 05/07/2008 9:11:16 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: LikeLight
A pre-nuptial agreement (informally called a “pre-nup”) is a legal contract between a husband and a wife.

So is marriage. Marriages are legal contracts between individuals, are performed in accordance with secular law by agents licensed by the state. I understand the religious overlay but that doesn't change the fact that marriages occur, and are dissolved, under rules set out by the state. At the risk of sounding rather cold-blooded it seems to me that a pre-nup would be a reasonable extension of this.

28 posted on 05/07/2008 9:13:32 AM PDT by jalisco555 ("My 80% friend is not my 20% enemy" - Ronald Reagan)
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To: LikeLight

BTW, my wife and I don’t have a pre-nup since we were essentially penniless when we got married 25 years ago. But I would advise our children to get one, particularly if there is a significant age difference or economic difference between them and their prospective spouses.


29 posted on 05/07/2008 9:15:38 AM PDT by jalisco555 ("My 80% friend is not my 20% enemy" - Ronald Reagan)
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To: All

now now folks don’t go all bitter because Obama may end up writing you into another san fancisco bitterness fundraiser.

(/s)

He has enough to be bitter due to Operation Chaos in Indiana.


30 posted on 05/07/2008 9:16:15 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: steve-b
Nonsense. Such inane argument is on a par with the belief that going to the doctor reflects a lack of faith in God's providence.

Nope, Dave Ramsey says that Pre-Nuptuals are a symptom of distrust - a very bad sign. He regularly catches couples with His/Hers checking accounts and when he does he directs them to examine the Trust issues in their marriages and says it is not a financial issue but a Marital issue for possible counseling.

31 posted on 05/07/2008 9:17:20 AM PDT by sr4402
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To: LikeLight

I don’t know why ANY person, many or woman, with money and/or assets would get married without one. Sorry.


32 posted on 05/07/2008 9:17:45 AM PDT by Hildy (It is our choices, far more than our abilities, that determine who we truly are. - J.K. Rowling)
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To: LikeLight

You’ve hit nail on the head, and it seems those snakes are multiplying faster than angels..lol

I made mistake on 50%, the divorce rate is closer to 43%, and that’s according to census but that is still high, and here is link:

http://www.divorcereform.org/rates.html

Just in case someone needs a report for the statistic.


33 posted on 05/07/2008 9:19:20 AM PDT by Kackikat ((No strong national security, and the rest of issues are mute points; chaos ensues.))
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To: Fido969
Happily single now.

In the scriptures, the Apostle Paul actually encourages singleness for those strong enough to handle it without succumbing to temptation toward immorality. But, thankfully, for the rest of us weaker folk the Bible encourages and celebrates marriage.

34 posted on 05/07/2008 9:19:32 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: LikeLight

My mother got a pre-nup for her first marriage because her parents asked her to do it. She was set to inherit their money and they wanted assurance that it would be hers alone.
Then after her first husband died, and she had inherited a lot of money, she got a pre-nup for her second marriage because she wanted to be sure I would inherit.
If I ever get married, I will have a pre-nup for the same reasons. Far as I’m concerned, the people who produced the inheritance in the first place, still have some say in it, though they’re long gone.


35 posted on 05/07/2008 9:20:23 AM PDT by 668 - Neighbor of the Beast
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To: LikeLight

My wife is a good person. I’d like to think I know her pretty well.

I’ve been with her through ups and downs. Two children, maybe more to come. Hopefully grandchildren. Then I look forward to retiring with her, spending time traveling, touring our great country and the world. Maybe go back to England where I was born and show her Europe. I have no real love of Europe, but she’s never been and wants to go someday. Those are the thoughts I had when I got married to her. And they’ve only gotten stronger as the years have rolled on.

Marriage isn’t always happy, nor pretty. There will be rough times, but if both people are decent folks and committed to the relationship and the *children* then I find no reason for divorce. Both people have to know that stuff will happen in life.

I think a lot of people who get divorced multiple times are the types who always think that the grass is greener on the other side. Not that I think divorce is necessarily wrong. Ronaldus Magnus got divorced once, and then found the love of his life. We are human, mistakes do happen ;-).

The way I look at the rough times is this: Let’s look forward to when they are over, and get over them constructively.

BTW, as to marriage statistics: claiming you are Christian doesn’t make you so! I’m not technically a Christian, but I would be willing to bet that the way we live our lives is more aligned with traditional Christianity than most of the people on the street who claim they are. Just as saying that you are a Republican doesn’t make you a conservative.

But maybe I am a naive fool. I say this much, if I am — my wife can have everything if we split. She is the mother of my children, and if I made such a grand mistake in the woman I chose to marry then that’s my punishment :) And if the fault is entirely mine and she divorces me, then I deserve it as well! It will also be a good disincentive to getting married again, as several posters have alluded to!


36 posted on 05/07/2008 9:21:53 AM PDT by rom (Real Conservatives don't vote for Socialists with an (R) next to their name.)
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To: jalisco555

You are spot on!


37 posted on 05/07/2008 9:22:22 AM PDT by Kackikat ((No strong national security, and the rest of issues are mute points; chaos ensues.))
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To: steve-b
...on a par with the belief that going to the doctor reflects a lack of faith in God's providence...

From one Steve B to another...

Maybe it's more like having a euthanasia or assisted-suicide declaration in place, something that says "If I get really sick, just put me out of my misery"? The underlying attitude I'm struggling with is the sense that the prenup offers such an easy way out if the marriage goes through a season of struggle, which many marriages do.

38 posted on 05/07/2008 9:29:25 AM PDT by LikeLight (http://www.believersguidetolegalissues.com)
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To: OpusatFR
Seriously? Canon Law?

"Q: Does the Church allow prenuptial agreements for second marriages? I am entering a second marriage after the death of my wife and wished to execute a prenuptial agreement in order to protect assets accumulated by my late wife and me for our minor children.

A: Prenuptial agreements are a matter of civil law, so canon law does not rule them out in principle (for example, to determine how property would be divided among the children of a prior marriage upon the death of one spouse). But in practice prenuptials may run afoul of Church law in a number of ways. For example, they cannot subject a marriage to a condition concerning the future (e.g., an agreement about the dividing of assets in case of divorce). The Code of Canon Law provides: "A marriage subject to a condition about the future cannot be contracted validly" (CIC 1102). The Canon Law: Letter and Spirit, a commentary on canon law, explains that condition may be defined as "a stipulation by which an agreement is made contingent upon the verification or fulfillment of some circumstance or event that is not yet certain." It goes on to state that "any condition concerning the future attached to matrimonial consent renders marriage invalid." For example, a marriage would be invalid if the parties stipulated that they must have children or they have the right to divorce and remarry someone else."

39 posted on 05/07/2008 9:29:42 AM PDT by Prokopton
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To: JamesP81
Don’t get married. It is nearly impossible to tell the good ones from the bad ones anymore.

It has always been that way--difference today is working women and the fact there is no stigma to divorce
40 posted on 05/07/2008 9:30:21 AM PDT by uncbob
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