A research project exploring what a biblical marriage contract should look like — one that takes seriously both the covenantal nature of marriage and the justice God requires when that covenant is broken.
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Modern no-fault divorce law severs the link between cause and consequence. A spouse can abandon, commit adultery, or otherwise violate the marriage covenant and face no asymmetric legal penalty for doing so. The innocent party bears the same procedural outcome as the guilty one.
This project argues that this is not merely a legal problem — it reflects a failure to take biblical justice seriously in the context of covenant. God's own covenants carry obligations, prohibitions, and remedies. A marriage between Christians should be no different.
The goal is not to presume failure or to treat marriage as a transaction. It is to make explicit what a covenant requires: fidelity to defined terms, accountability when those terms are violated, and a structured path toward reconciliation or, where necessary, just dissolution.
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The contract is grounded in several convictions:
Marriage is a covenant, not a contract in the merely commercial sense. It mirrors God's covenantal dealings with His people (Eph. 5:31–32), and like those covenants, it is intended to be lifelong (Matt. 19:6) and not dissoluble at will — though Scripture does provide limited grounds for divorce (Matt. 19:9; 1 Cor. 7:15).
Covenants have just terms. God's covenants with Israel included obligations, prohibitions, and consequences — including a certificate of divorce in the face of persistent spiritual adultery (Jer. 3:8). Justice is not opposed to covenant; it is internal to it.
Human sinfulness is a given. Writing explicit terms into a marriage covenant is not a lack of faith — it is a realistic accounting of the fall (Rom. 3:23). A contract that accounts for sin is more honest than one that pretends sin will not occur.
The church, not the state, is the primary jurisdiction. Disputes between believers should be handled within the body of Christ before any appeal to secular courts (1 Cor. 6:1–8). The contract structures that ecclesial process.
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The current draft (in `drafts/`) follows this structure:
| Section | Contents | | -------------------- | --------------------------------------------------------------------------------------------- | | I. The Authority | Scripture and Christ as governing framework | | II. The Parties | Attestation of faith, sound mind, and lawful age | | III. The Benefits | Mutual sexual congress, society, child-rearing, financial and moral support | | IV. The Prohibitions | Adultery, abandonment, abortion, assault, criminal/dangerous behavior, ejection, intoxication | | V. Appeals | Private confrontation → witnesses → church panel, binding decision | | VI. The Remedies | Reconciliation counseling → separation → divorce (limited grounds) | | VII. Witnesses | Standards for testimony, protections against abuse of process |
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drafts/ First draft of the contract (Markdown)
research/ Reference materials
references/ Source documents by category (Scripture, Puritans, Church Fathers, forums/articles, templates)
*.pdf Sample existing marriage contracts
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The project draws on:
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This is an active research project. The first draft is written and annotated. Open questions remain on several fronts — see the considerations above and the open issues.
Contributions, critiques, and biblical counterarguments are welcome.