Legal matrimony contracts

Is making covenants with and kneeling before gods many a sin?

Legal matrimony contract

In an a discussion about a Legal matrimony contracts in a same sex marriage and the need for a State marriage license, someone had pointed out that there should be no need for the State's permission.

While sympathetic, some said "but a 'legal' marriage comes with many benefits. Being able to see your dying spouse in the hospital, inheritance, child care, etc.."

I understand this sentiment, but the realities we face are a little different and can be overcome if we take our responsibilities serious. Rights are responsibilities and a marriage contract and marriage laws are a product of the civil law which is the law people make for themselves. The legislature will write the laws and rules for you marriage if you fail to do so.

The power of the Contract clause^[1] found in the constitution allows you to create barriers to usurpation of rights by the legislature but only if you do attend to all known duties to God and your fellowman.

Natural union

A Natural Law union of man and woman as Husband and Wife was a two-party contract but a marriage license with the state is a three-party contract. The State has the power over that contract. It is literally a prenuptial agreement with the state.

If you want to visit your natural spouse in the hospital, simply write up a medical rights contract or include it in your private marital contract and you will have that right.

The same is true for inheritance. You write a will with witnesses and keep it up to date.

It is about taking responsibility. If you will not take the responsibility you will lose your correlative rights.

Most of the other benefits you get with a legal marriage are provided at the expense of your neighbor through Covetous Practices and you should not be coveting them anyway according to the Bible.

Those who seek what may be called Holy Matrimony still have a valid marriage even if they choose not to get a State Marriage License. They can get one if they want but they should understand everything about that Marriage license.

Of course, with no body politic to help settle disputes or issues that arise with the family, you have what the ancients called a limping marriage. The phrase body politic is a metaphor for a corporate body. The early Church as the Body of Christ living in the world but not of it was in fact a unique body politic in its own right. The Body of Christ provided may of the benefits of modern progressive social schemes without exercising authority over the people by force. They depend on love in a network of Fervent Charity.

That is why a well-connected network of families and congregations of families is helpful. It is from those congregants that you will choose a jury of your peers to settle issues of confusion or the Weightier matters.

If you do not have that in place your only other choice will be the legal system of the world.

If everyone were gathering in congregations of record they could be helping one another learn to write those mutual agreements which will protect the family and allow them to function "in the world but not of it" without losing your rights.

All roads lead to Rome and all Roads lead to the Kingdom of God. The difference is the direction you choose.

Private marriage contract

A private marriage contract in a church setting should outline the couple's vows and commitments, defining their marriage as a sacred, lifelong covenant based on biblical principles, not just a legal agreement. The document should include details like the roles and duties of the spouses, provisions for resolving disputes, financial support obligations, and plans for children.

It should not be confused with an officiant contract, which would be a legal agreement between the couple and the officiant for their services. While a Church advocates the Permanency of marriage the Church is not a party to Holy Matrimony.

All private marriage contract should include a detailed description of both parties and their status, a clear statement of intent to marry, and specific clauses defining terms, asset and debt. It should include division of assets and debts in the case of spousal or child support, and inheritance. It must be a written document signed by both parties and ideally notarized to be legally valid. It or clauses may be amended over time by mutual agreement

Key components of a private marriage contract

Covenant basis: Establish that the marriage is a sacred, lifelong covenant made before God, grounded in love, and intended to be unbreakable until death.
Roles and duties: Define the expectations and responsibilities of each spouse within the marriage.
Biblical principles: State that the contract is based on biblical guidelines, which serve as the foundation for the union.
Dispute resolution: Outline a process for resolving conflicts, starting with appeals and potentially involving church elders if disagreements arise.
Financial and child-rearing provisions: Detail obligations for financial support and custody of children in the event of separation or divorce.
Prohibited behaviors: List behaviors that are considered violations of the covenant, such as adultery, abandonment, abortion, and criminal acts.

Important distinction from officiant contracts

A private marriage contract is an agreement between the couple.
An officiant contract or license may make them a party.

Practical considerations

Legal marriage license: While the couple can create a private contract, it may be useful or convenient to also obtain a civil marriage license to ensure legal recognition of the union in some jurisdictions and circumstances. But this may open areas of judicial authority which may need to be limited by contract to protect personal religious practices and convictions.
- Note: Statutes and equity are often created to provide remedy where the people fail to do so.
Church blessings: The church community plays a vital role in a covenant-based marriage and can offer support to the couple.
Preparation: A marriage preparation course is often required by the church and can help couples align their expectations with biblical principles for marriage.
It should be encourage to make marriage contracts that include items like power of attorney including medical power of attorney (MPOA) under specified circumstances to be included in that marriage contract.
The contract should be revisited every year, renewed and updated if needed. No less than every 10 years it should be reaffirmed before witness including before other jurisdictions.
- Note: This is also why people need to come together in the tens as Christ commanded. The people of such a network can be the name judicator of the contract which church providing for any appeal process.

Essential elements of the contract

Party and contract information: Begin with the full names and addresses of both parties and the date the contract is signed. * Include a statement that the contract is contingent upon the marriage taking place.
Financial disclosures: A full and honest list of all assets, debts, and income for both partners before the marriage is crucial.
Property division: Clearly state how property acquired before and during the marriage will be owned, managed, and divided, both during the marriage and in the event of a divorce or separation.

Spousal support: Specify the terms, if any, for spousal support (alimony) in the case of divorce.

Inheritance and future earnings: Outline how future earnings, property, and inheritance will be handled.

Acknowledgement and understanding: Include a clause stating that both parties have read, understood, and voluntarily agree to the contract's terms.

Legal counsel acknowledgement: Acknowledge that each party had the opportunity to receive independent legal advice before signing to ensure the agreement was made without coercion.
Signatures and notarization: The contract must be signed by both parties. It should be notarized to increase its legal validity, and it's recommended to have witnesses as well.

What to avoid

Using "fill in the blanks" kits without legal review: You should try to understand the the terms, elements and jurisdictions.
Making it "patently unfair": A contract that produces an unconscionable or extremely unfair result may be challenged in court.
Relying on a standard marriage certificate: A marriage certificate only confirms the marriage itself, while a private marriage contract is a separate, custom-made agreement that can outline specific financial and property terms.

If you need help:

Or want to help others:

Footnotes

↑
Contract Clause of the United States Constitution, Article I, section 10, clause 1.
It states:
- No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

About the author

Brother Gregory
White Rock

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