Post a minimum of 2 replies (100-150 words each) responding to the work of 2 different classmates. Be
sure that you add additional substantive information that further enriches the discussion. Provide cited
support. Keep personal opinion to a minimum. Include a brief but relevant biblical analysis that is original
to this discussion. Post your replies to Discussion Board Forum 3 by 11:59 p.m. (ET) on Monday. Before
beginning, be sure to select the Discussion Board Instructions folder, print, and follow the instructions in
all the attached documents posted along with the assignment instructions
Student #1
M W
Discussion Board Forum 4 (Module 7)
* TOPIC: Discuss the following three topics concerning cohabitation agreements: What is a
cohabitation agreement? How does it differ from a premarital agreement? Why do some states
refuse to recognize cohabitation agreements? Are cohabitation agreements consistent with a
biblical worldview? Use cited Scripture to inform your responses. Fully explain your answers.
What is a cohabitation agreement? “Cohabitation is broadly defined as two unmarried persons living
together in an intimate relationship.” Mary E. Wilson, Family Law for the Paralegal 24-25 (3rd ed. 2017).
“Although the term traditionally has been used to refer to heterosexual couples, it encompasses both
opposite- and same-sex relationships.” Id. at 25. “It includes young men and women who are sharing
living space with a dating partner in order to save money, more committed couples who are testing the
strength of their relationship, engaged couples who are planning to eventually marry, committed couples
who view their relationship as marital but have chosen to avoid marriage for practical reasons such as
the potential loss of alimony or a surviving-spouse entitlement, and many couples whose motives are
mixed or who disagree about the nature of their relationship.” Id. Moreover, “it provides an option for
people who do not want the personal commitment and responsibilities that come with marriage or the
emotional or financial costs that some with divorce.” Id. As a result, unmarried couples who are living
together have the option of creating a “cohabitation agreement” that can help protect their rights as a
couple, while at the same time safeguarding their individual interests and assets. In sum, “a cohabitation
agreement is a private contract between two parties living together in a nonmarital relationship, which
establishes mutually agreed-upon rights and responsibilities, many of which married persons obtain by
statute, agreement, and custom.” Id. at 27. However, a cohabitation agreement does not necessarily
have the same influence and effect after marriage as a premarital agreement.
How does a cohabitation agreement differ from a premarital agreement? A premarital agreement,
also known as a prenuptial agreement, is a written contract between two individuals who are planning to
marry each other. “The agreement is an effort by the parties to define for themselves, rights, duties, and
responsibilities that flow from the marital relationship and that otherwise would be regulated and
determined by state law upon death, separation, divorce, or annulment.” Id. at 37. The premarital
agreement clearly defines terms such as child custody, debts, assets, and classifies community property
acquired during the marriage. Moreover, a premarital agreement makes it easier to determine what
happens if the marriage ends. “One of the primary public policies that legislatures and courts in the
United States historically have supported is one favoring the marital relationship as the fundamental
structural unit of society.” Id. Unlike premarital agreements, which are usually governed by laws specific
to them, courts view cohabitation agreements as a form of legal contract. However, if you are in a
relationship but not planning to get married, a cohabitation agreement could provide you with many of
the same protections as a premarital agreement. A cohabitation agreement should not be confused with
a cohabitation clause, a common provision in a divorce agreement when children are involved. This
clause, often known as a morality clause, usually specifies that the parties are not to have someone
they are romantically involved with stay over while the children are present. Violation of the cohabitation
clause can create a change in custody, depending on where you live.
If a couple is only living together with no intention of getting married, they can only enter into a
cohabitation agreement. However, if the couple is planning on getting married soon, such as if they are
engaged or are planning their wedding, then they can enter into a premarital agreement. A couple who
is planning on getting married can still enter into a cohabitation agreement to cover time leading up to
the wedding if the wedding is a long time away, as people do not generally sign a premarital agreement
until shortly before the wedding. Another difference between a cohabitation agreement and a premarital
agreement is that a cohabitation agreement is usually more flexible than a premarital agreement. Also, a
cohabitation agreement may not be legally-binding in all jurisdictions, whereas a valid premarital
agreement is recognized in every state. In the jurisdictions that recognize cohabitation agreements, the
contract must be written and cannot be oral. Furthermore, once a couple gets married, the premarital
agreement supersedes any preexisting cohabitation agreement that the couple may have had before
getting married.
Why do some states refuse to recognize cohabitation agreements? “No longer criminalized in most
states, cohabitation has helped liberate both women and men from the constraints of rigid gender roles
and the social pressure to marry.” Id. at 25. “A majority of the states now permit, and in many instances
encourage, unmarried cohabiting couples to contract legally with each other, although sometimes the
parties may need to seek the assistance of the courts to enforce those agreements.” Id. at 28. However,
many states require that the agreement be in writing and signed by the parties. The legal requirements
for valid cohabitation agreements tend to parallel the requirements of other contracts because they are
essentially just another type of contract in the legal sense. Laws prohibiting cohabitation and sexual
relations outside marriage were very common until about the1970s. Though most of these laws have
been repealed or are no longer enforced, they still exist in some state statutes. For example, two states,
Mississippi and Michigan, have had laws on their books against cohabitation, though they are rarely
enforced. It is generally accepted now to live together without being married as long as the couple has a
proper cohabitation agreement. By contrast, places like California recognize cohabitation and call those
couples “domestic partners.” These couples have no legal rights and have simply entered into a
cohabitation agreement, and they are not protected by any laws in the event of separation. “Most states
have not articulated their reasons for declining to grant legal status to cohabitation, or even, in some
cases, declining to enforce contracts made by cohabitants.” Helen Alvare, U.S. Cohabitation Law: Still
Separate and Unequal, Institute for Family Studies (June 25, 2019), https://ifstudies.org/blog/ us-
cohabitation-law-still-separate-and-unequal (last visited December 3, 2020). “States that have spoken
on the matter express concerns about undercutting the significance of marriage.” Id. “It is also possible,
however, that their laws are simply a reflection of several basic differences between cohabitation and
marriage.” Id.
From a biblical perspective, I do not feel that cohabitation agreements are appropriate in the eyes of
God. The value of marriage between a man and woman and the avoidance of sexual relations before
marriage are clearly pointed out in the Scriptures on more than one occasion. For example, the Book of
1 Corinthians states, “But because of the temptation to sexual immorality, each man should have his
own wife and each woman her own husband.” 1 Corinthians 7:2 (ESV). Moreover, the Book of
1Corinthians further states, “To the unmarried and the widows I say that it is good for them to remain
single, as I am. But if they cannot exercise self-control, they should marry. For it is better to marry than
to burn with passion.” 1 Corinthians 7:8-9 (ESV).
REFERENCES
1 Corinthians 7:2 (English Standard).
1 Corinthians 7:8-9 (English Standard).
Helen Alvare, U.S. Cohabitation Law: Still Separate and Unequal, Institute for Family Studies (June 25,
2019), https://ifstudies.org/blog/ us-cohabitation-law-still-separate-and-unequal (last visited December 3,
2020).
Mary E. Wilson, Family Law for the Paralegal (3rd ed. 2017).
Student #2
EA
DB Forum 4
COLLAPSE
Top of Form
Option 2:
A premarital agreement is an agreement that is made by two persons who are about to marry defining
for themselves their respective rights, duties, and responsibilities in the event that their marriage
terminates by death, annulment, separation, or divorce. Essentially, what this means is that “one or both
of the parties agrees to give up spousal support, an equal or equitable division of property, inheritance
rights, or other rights they might be entitled to under the state law.” Mary E. Wilson, Family Law for the
Paralegal 37 (3rd ed. 2017). In order to qualify for a premarital agreement, there are typically three basic
requirements needed which include: the contract must comply with the Statute of Frauds, there must be
consideration, and there must be ascertainment that there is no overreaching in the contract.
Lawshelf.com https://lawshelf.com/coursewarecontentview/premarital-agreements-and-antenuptial-
contracts/. “An antenuptial agreement by which a prospective wife waives or limits her right to alimony or
to the property of her husband in the event of a divorce or separation, regardless of who is at fault, has
been in some states held to be invalid” Id. at 38. Some examples that cannot be included in a premarital
agreement include provisions detailing anything that is illegal, decisions regarding child support and/or
child custody, waivers of rights to alimony, provisions encouraging divorce, and details about personal
and financial matters. Some examples of commonly included items are separation of businesses,
retirement benefits, management of household bills and expenses, management of joint bank accounts,
savings contributions, property distribution to the survivor (including life insurance), and settlement of
potential disagreements such as using mediation or arbitration. Findlaw.com (2018) What Can and
Cannot be Included in Prenuptial Agreements. https://family.findlaw.com/marriage/what-can-and-cannot-
be-included-in-prenuptial-agreements.html. There are numerous reasons as to why a couple would seek
a premarital agreement. Premarital agreements are particularly appropriate and used in cases where:
there is significant age difference between the parties, one or both have substantial property of their own
(such as real estate, investments, businesses, and retirement accounts), a party has interest in a family
business that is meant to “stay within the family”, one of the parties is giving up a successful career to
be a “stay-at-home parent”, and where one or both of the parties has suffered in the past through a prior
divorce that cause tremendous emotional and financial distress. Id. at 39. From a Biblical standpoint,
divorce is not supported in the Bible, let alone a premarital agreement. The Bible is clear with the
message regarding divorce- “And I say to you: whoever divorces his wife, except for sexual immorality,
and marries another, commits adultery.” Mathew 19:9. ““For the man who does not love his wife but
divorces her, says the Lord, the God of Israel, covers his garment with violence, says the Lord of hosts.
So, guard yourselves in your spirit, and do not be faithless.” Malachi 2:16. A marriage is intended to last
forever, until the time of death. It is a union between man, woman, and God. A premarital agreement is
stating upfront that a divorce is an option and is used as a persons’ safety-net. However, from a
Christian standpoint, divorce is not an option. You are supposed to work through your problems, be
faithful, and stick together through thick and thin. That being said, it is safe to conclude that a premarital
agreement is not consistent with the Bible.
References:
Wilson, Mary E. (3rd ed. 2017) Family Law for the Paralegal
Lawshelf.com https://lawshelf.com/coursewarecontentview/premarital-agreements-and-antenuptial-
contracts/.
Findlaw.com (2018) What Can and Cannot be Included in Prenuptial
Agreements. https://family.findlaw.com/marriage/what-can-and-cannot-be-included-in-prenuptial-
agreements.html.
Mathew 19:9 English Standard Version
Malachi 2:16 English Standard Version
Bottom of Form
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Student One
Cohabitation agreements are indeed becoming popular in most parts of the world
nowadays. Unlike in the past, when elaborate marriage arrangements were made by young
people in different cultures before they could live together, cohabitation has become popular
because of a diminishing sense of society (Sutherland, 2014). People no longer feel obligated to
have a legal marriage ceremony, as most people are not going to be able to tell, unlike in the
past. Cohabitation is as a result likely to keep becoming popular, as people in different cultures
abandon key aspects of their traditions. Cohabitation is not justifiable in the eyes of God, as it
diminishes the importance of marriage. All regions recognize the importance of marriage and
state that marriage should be lifelong. Cohabitation, on the other hand, can be short term, as both
parties are free to leave at any time they wish. Cohabitation, therefore, goes against religious
beliefs on what marriage should be about.
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Student Two
Premarital agreements are likely to continue becoming popular in the future as people try
to avoid complicated separation or divorce process that may affect certain aspects of their lives.
This is partly due to the fact that marriage as an institution is no longer based on the values that
traditionally defined it in the past. Unlike in the past, people may marry nowadays for a variety
of reasons, some of which may not be sincere and may include the goal of taking advantage of
the other party(Hoffower, 2019). A premarital agreement can protect people from such cases, by
ensuring they are able to leave the marriage without incurring major losses. It is true that no
religion supports a premarital agreement, which means it is not supported by God. God intended
marriage to be a permanent arrangement that will act as the basic unit of society, and therefore
could not be terminated under any circumstance.
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References
Hoffower, H. (2019). Prenups aren't just for the rich or famous — more millennials are signing
them before getting married, and you probably should too. Retrieved from BI:
https://www.businessinsider.com/why-sign-a-prenup-marriage-divorce-2018-9?IR=T
