There has been much speculation whether a prenuptial agreement could be utilized to ensure that one spouse gives another a religious divorce. There are perhaps three aspects to this.
- What is the substance of the prenup
- Will American Court enforce it
- Will Religious Court enforce or recognize it
It is doubtful that a prenup requiring one spouse to give the other a Jewish Divorce would be recognized at least in Jewish Court. Civil court would also find it hard to tackle issues of religion head on. The more interesting question is whether a financial agreement linked to the situation of the Get would be valid. For instance the prenup could stipulate that in the event of civil but not religious divorce payment by the recalcitrant spouse to the other would be $100 per day. Lately the Superior Court in Connecticut appears to have ruled that such prenup would theoretically be valid.
Questions remain. The terms themselves must according to American law still be fair (see prenuptial), Additionally, there are some bodies of religious thought who may think this constitutes wrongful coercion and any Religious Divorce granted because of the prenup would not be valid.
Nevertheless, the trend toward liberalization of prenuptial agreements suggests that American Courts will tend to look favorably upon reasonably constructed prenups, especially if drafted by attorneys. Further, at least some religious authorities are inclined to accept a Get following such a prenup. At the very least the financial terms will support the new reality on the ground, so, embarrassment aside, it seems a prudent thing to do.
THIS INFORMATION IS OF GENERAL NATURE ONLY AND NOT TO BE RELIED UPON IN ANY SPECIFIC SITUATION. IN ALL CASES CONSULT AN ATTORNEY FOR PROPER ADVICE