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Are Postnuptial Agreements Moral?

Question:

My wife is moving out and asked that I sign a "postnup" agreement. It seemed it may help her stress level, but I wanted to check whether it would be wrong, like a prenup is. We are both Catholic (I am actively so).

Answer:

A postnuptial agreement is one made after a man and a woman are married but which, like a prenuptial agreement, pertains to how a couple’s affairs and assets will be settled if a separation or divorce—typically the latter— takes place.

Because a valid marriage entails the total and unconditional mutual giving of a husband and wife, any legal agreement that undermines the unbreakable nature of that marital commitment is necessarily immoral. Consequently, a postnup is immoral like a prenup is immoral: they both involve commitments with strings attached and thus incentivize for one or both spouses a breakup instead of striving to keep the marriage together. Postnuptial agreements are a foot out the door while professing still to be married.

Please advise your wife that you hope and pray you and she will be reconciled. If she persists in moving out and files for a legal separation, you may be required by law to help finance her new living arrangement. In addition, you may want to do so prior to any legal intervention to help foster your marital reconciliation. If you have children at home, the courts may also intervene regarding custody.

But there is no need for a postnup. Only when there is actually a legal divorce does any agreement regarding assets and other affairs need to be reached. You are in our prayers.

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