Q. I have a question on financial issues in the case of re-marriage. So hypothetically speaking, I, a Christian widower, met a Christian widow. Both of us have adult children and are financially independent. Suppose we decide to get married. My question is this. The assets I have were jointly earned by my first wife and me. It was her desire, and mine as well, that whatever assets are left when I pass away, I want them to go to our children and grandchildren. The only way I can think of to make this happen is to have a pre-nuptial agreement, and I think the other woman would probably want to do the same thing. However, having a prenup doesn’t feel right, for it gives a sense of distrust. I believe that one must put this down in writing so there will not be misunderstandings or confusion, as later on there will be other people involved. So, is it OK to have a prenup?
There are no pre-nuptial agreements, or prenups, in the Bible, but there are biblical principles on marriage that apply here. A prenup is an agreement entered into by a couple before marriage that sets out how assets will be divided if they divorce. In essence, it is a business contract between partners. Typically the more wealthy partner asks for a prenup to protect his (her) assets in case the poorer partner marries him (her) for money. While prenups are quite common among the rich and the famous, they show a lack of trust in the partner, hence a legal document to protect oneself. But a fundamental question is, “if you don’t trust your partner with your money, how can you entrust your life/health to your mate?”
Biblically, marriage is a covenant, not a contract, between husband and wife:
- Mt 19:4-6 And He answered and said, “Have you not read that He who created them from the beginning made them male and female, and said, ‘For this reason, a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh? So they are no longer two, but one flesh. What therefore God has joined together, let no man separate.”
- Rom 7:2 For the married woman is bound by law to her husband while he is living; but if her husband dies, she is released from the law concerning the husband.
- 1 Co 7:39 A wife is bound as long as her husband lives; but if her husband is dead, she is free to be married to whom she wishes, only in the Lord.
God’s design for marriage is one man-one woman, one husband-one wife, one union-one flesh, and one marriage for life. Marriage is dissolved only when one partner dies, after which the surviving spouse is released and free to remarry. Since covenants are unconditional, permanent pledges made for the other’s benefit, a prenup in anticipation of a divorce is inconsistent with a biblical marriage. Why plan for getting your “fair” share when you divorce, when the two of you should be working together to make your marriage great?
From your preamble, you are planning to leave your assets to your offspring when you pass away, not when you divorce. I assume your future wife would want to leave her assets to her offspring too. One solution is to set up two trusts. The first will hold the bulk of your assets for the benefit of your children and grandchildren. The second holds most of her assets with her offspring as beneficiaries. I say “bulk” because, presumably, both you and your future mate would want the surviving partner to be adequately provided for until the second partner dies. I suggest that rather than talk about a prenup, you two should share and come to a mutually agreeable arrangement. Then incorporate that arrangement in your respective wills. That would be a more productive conversation than a prenup which shows mistrust, as you rightly pointed out. Hope this helps.