Following Three Topics Concerning Plst 340 Libert

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