Editing Prenuptial agreement (section)

==By religion==
===Christianity===
In [[Catholic Christianity]], prenuptial agreements are a matter of civil law, so Catholic [[canon law]] does not rule them out in principle (for example, to determine how the property would be divided among the children of a prior marriage upon the death of one spouse). In practice, pre-nuptials may run afoul of Church law in several ways. For example, they cannot subject a marriage to a condition concerning the future. The Code of Canon Law provides: "A marriage subject to a condition about the future cannot be contracted validly". (CIC 1102) ''The Canon Law: Letter and Spirit'', a commentary on canon law, explains that a condition may be defined as "a stipulation by which an agreement is made contingent upon the verification or fulfillment of some circumstance or event that is not yet certain". It goes on to state that "any condition concerning the future attached to matrimonial consent renders marriage invalid". For example, a marriage would be invalid if the parties stipulated that they must have children or they have the right to divorce and remarry someone else.{{citation needed|date=June 2012}}

In [[Lutheran Christianity]], ''The Lutheran Handbook on Marriage'' stipulates: "Consider a prenuptial agreement, which helps you identify the value of gifts and inheritances you receive, protects you from your partner's pre-marriage debt, and ensures that children from a prior marriage receive."<ref name="Skrade2006">{{cite book |last1=Skrade |first1=Kristofer |title=The Lutheran Handbook on Marriage |date=2006 |publisher=Augsburg Books |isbn=978-1-4514-1271-0 |page=115 |language=English}}</ref>

[[Independent Fundamental Baptist]]s reflect a perspective that prenuptial agreements are contrary to [[Christian views on marriage|Christian teaching regarding marriage]] as a [[covenant (religion)|covenant]]:<ref name="HBC2020">{{cite web |title=Sermon On Prenuptial Agreement |url=http://hbcsavannah.com/sermon-on-prenuptial-agreement/ |publisher=Hope Baptist Church |access-date=27 January 2022 |language=English |date=17 December 2020}}</ref>
{{blockquote|...pre-marital agreements tend to undermine the conjugal relationship and place the holy covenant on a wobbly ground from the beginning. God calls man and woman to be united – to live in one, to share freely, to trust and to honor and to love each other in every way. But even the process of creating and executing a pre-nup glorifies a contrary perspective that is destructive and disruptive to marriage. The whole psychology of pre-marital arrangements encourages each spouse to consider himself separated from the other, to be suspicious of the other and to cling firmly to "who is yours" and to preserve him from the other...It's the opposite of unity<ref name="HBC2020"/>}}

===Judaism===
{{Main|Jewish prenuptial agreement|Ketubah}}

In Judaism, the ''[[ketubah]]'', a prenuptial contract, has long been established as an integral part of the [[Jewish views of marriage|Jewish marriage]] and is signed and read aloud at the marriage ceremony. It contains the husband's requirement to support his wife by providing her with food, clothing and sex, as well as providing for the wife's support in the case of divorce or the husband's death. However, under this passage, a woman is free to leave if her husband doesn't provide for her.

In 2004, the [[High Court of South Africa]] upheld a cherem against a [[Johannesburg]] businessman because he refused to pay his former wife alimony as ordered by [[The Johannesburg Beth Din]].<ref>{{cite web|url=https://www.bregmans.co.za/court-upholds-jewish-orthodox-right-of-excommunication/|title=Court upholds Jewish Orthodox right of excommunication|last=Bregmans|date=8 May 2014}}</ref>

Recently, a movement supporting an additional prenuptial agreement has emerged in some [[Modern Orthodox Judaism|Modern Orthodox]] circles. This is in response to a growing number of cases in which the husband refuses to grant ''[[Get (divorce document)|gett]]'', a religious divorce. In such matters, the local authorities are unable to intervene, both out of concerns regarding the [[separation of church and state]] and because certain ''[[Jewish law|halakhic]]'' problems would arise. This situation leaves the wife in a state of {{Transliteration|he|[[agunah|aginut]]}}, in which she is unable to remarry. To remedy this situation, the movement promotes a prenuptial agreement in which the couple agrees to conduct their divorce, should it occur, in a [[Beth din|rabbinical court]].

===Islam===
A Muslim woman may lay down certain conditions in the taqliq (prenuptial agreement) before signing the marriage certificate to safeguard her welfare and rights; the man may do the same.