Tag: Religious agreements

Israeli Prenuptial Agreements are Kosher

Whether Israeli prenuptial agreements are kosher is a big question in the holy land as Israel’s version of Real Housewives, Nicol Raidman, has filed for divorce from her former oligarch and billionaire industrialist husband Michael Cherney.

Israeli Prenuptial Agreement

Land of Milk and Honey

Nicol Raidman is a businesswoman, socialite and former reality TV celebrity in Israel, who recently announced she is divorcing her billionaire husband in what is shaping up to be the most expensive divorce lawsuit in Israeli history, Channel 12 news reported Monday.

After 11 years of marriage, Raidman and industrialist Michael Cherney are dissolving their union. But Raidman is alleging that Cherney has failed to honor his prenup with her, which promised her $25 million (NIS 86 million) in any settlement.

She is now planning to take Cherney to court and demanding hundreds of millions of shekels under their prenuptial agreement.

Prenuptial agreements are generally enforceable in Israel, if authorized before a notary, a marriage registrar, or by the family court or the religious court. In fact, former Justice Minister, Ayelet Shaked, called on couples getting married to sign prenuptial agreements to ensure that husbands will not withhold a get, or Jewish writ of divorce, from their wives.

In Israel, where all divorces are subject to religious law, the norm has left thousands of women in legal limbo due to husbands who refuse to grant divorces. The phenomenon has received a lot of attention in recent years as rabbis try to battle husbands who are “get-refusers.”

Some Jewish groups mandate its members require couples to sign a prenuptial agreement to avoid such scenarios. The agreement, commonly referred to as a “halachic prenup,” generally penalizes the husband financially for refusing to give the get.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are not just for celebrity sports figures, and they are about much more than just resolving uncertainty in a marriage.

Any couple who brings any personal or business assets to the union can benefit from one. They are also important to have in place before a couple starts investing in businesses, properties and other investments. But prenups are frequently challenged in court.

Florida has both case law and a statute to help lawyers, judges and the parties determine if a prenuptial agreement is enforceable.

For example, Florida courts must consider things such as fraud, duress, coercion, in addition to the unfairness of the agreement, and whether there was any financial disclosure.

Real Housewives of the Holy Land

Cherney’s lawyer told the network that any and all claims would be made to the court rather than the media. Raidman is known to be a close friend of Prime Minister Benjamin Netanyahu’s wife Sara.

In 2011-2013 Raidman took part in the Channel 10 reality television show “Me’usharot” based on the US show “The Real Housewives.” She has launched her own luxury clothing and perfume brands.

Cherney, an oligarch who made his fortune in the former Soviet Union, is a close confidant of Yisrael Beyteinu party leader Avigdor Liberman. The couple have two children.

The Times of Israel article is here.

 

Child Custody and the Constitution and Some Good Coronavirus Information

With state and local officials entering shelter in place orders, many parents feel they are being deprived of their constitutional rights to child custody. What are a parent’s constitutional rights during a global emergency? There’s also some good coronavirus information.

Constituion Child Custody

There is no instruction book for a pandemic

Happy belated Easter to everyone . . . except residents of Louisville, Kentucky! The home of Muhammad Ali, the Kentucky Derby, and Kentucky Fried Chicken is in the news. That’s because on Holy Thursday, Louisville’s mayor, Greg Fischer, criminalized the communal celebration of Easter.

Our nation faces a public health emergency caused by the exponential spread of COVID-19. This has led many state and local officials to order increasingly tighter restrictions to promote social distancing and prevent further spread of COVID-19.

Can the state go too far? One federal court thinks so. Last week Louisville’s mayor said, it was “with a heavy heart” that he was banning religious services, even if congregants remain in their cars during the service. A Louisville church then filed an emergency motion in federal court to enjoin the mayor, and won.

The mayor noted that it’s not really practical or safe to accommodate drive-up church services taking place but drive-through liquor stores are A-OK!

Notwithstanding the exemptions of some drive-through places, on Holy Thursday, the Mayor threatened church members and pastors if they hold a drive-in Easter service.

The federal judge, noting American history on religious bigotry, said the pilgrims fled religious persecution, slave owners flogged slaves for attending prayer meetings, mobs drove the Latter-Day Saints to Utah; hatred against Catholics motivated the Blaine Amendment, and Harvard University created a quota system to limit Jewish students.

The judge then found the Mayor’s decision to be stunning and “beyond all reason,” unconstitutional.

Florida Child Custody and the Constitution

Like religions, the constitution protects parental rights too. I have written about the intersection of the constitution and marital law before. The United States Supreme Court has concluded that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment.

Florida courts have long recognized this fundamental parental right. The basic proposition is that parents have a legal right to enjoy the custody, fellowship and companionship of their offspring. This is a rule older than the common law itself.

But the parents’ rights are not absolute, as the state has parens patriae authority to ensure that children receive reasonable medical treatment which is necessary for the preservation of life.

So, in Florida the ultimate welfare of the child itself is controlling. While the parent’s interest in maintaining parental ties is essential, the child’s entitlement to an environment free of harm, physical and emotional violence at the hands of parents and caretakers and for medical treatment necessary for the preservation of life.

Because Florida has a compelling interest in protecting all its citizens—especially its youth—against the clear threat of abuse, neglect and death, the constitutional rights can give way.

Kentucky Fried Liberty

Back in Louisville, the court found the city order was not “neutral” between religious and non-religious conduct because it targeted religious worship by prohibiting drive-in church services, but not drive-through liquor stores.

The court noted that the city was pursuing a compelling interest of the highest order through its efforts to contain the current pandemic, but its actions were not even close to being “narrowly tailored to advance that interest.

The court also found that the church was committed to practicing social distancing in accordance with CDC guidelines. Cars will park six feet apart and all congregants will remain in their cars with windows no more than half open for the entirety of the service.” Its pastor and a videographer will be the only people outside cars, and they will be at a distance from the cars.

There is no instruction book for a pandemic. The threat evolves. Experts reevaluate. And government officials make the best calls they can, based on the best information they have. You may not agree with the court’s reasons, but the judge saw his role to explain, to teach, and to persuade.

Good Coronavirus News

Speaking of the constitution, to stem the spread of COVID-19, many cities have passed executive orders requiring people to cover their mouth and nose when going out.

Face masks (surgical or homemade) are now being required in public, such as when going to drive-through liquor stores. But do homemade masks work? The science with different types of masks is not conclusive, but this graphic is good information anyway:

COVID 19

In theory, all masks may prevent some sprays of virus-laden fluids from entering your nose and mouth (inward protection). They are also a reminder not to touch your face. And, if you’re sick, they may help keep some aerosols inside (outward protection), to protect people around you.

The U.S. District Court order is here.

 

Can a Prenup Protect De Niro’s Dinero

Robert De Niro’s estranged wife, Grace Hightower, is demanding half of the actor’s half-billion dollar fortune, despite signing a prenuptial agreement in 2004. Feeling the ‘Heat’, De Niro is wondering whether his prenup is valid and will survive court scrutiny.

Void Prenup

Analyze This

According to the New York Daily News, details about the Hollywood star’s finances emerged during a hearing in Manhattan Supreme Court that revealed the two are battling over how to interpret a 2004 pre-nuptial agreement signed after a previous divorce.

De Niro attorney Krauss-Browne said that under the terms of the pre-nup Hightower was entitled to a $6 million apartment, $500,000 cash, $1 million each year and half the value of their marital residence.

“Nope, I’m entitled to 50%.”

Hightower, 64, is arguing she is entitled to much more — and that De Niro, 75, has kept her in the dark about their money since 2008. She believes she is entitled to a cut of 38 movies and 35 new business ventures since 2004 that involved the Oscar-winning actor.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just resolving the ‘Casino’ like uncertainty in a marriage.

A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce. This can be especially important in second marriages.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment.

That’s where prenups come in. Prospective spouses may limit or expand state laws by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce. Prenups can be a reliable guide down rough rivers if they’re done right.

Great Expectations

Hightower attorney Allan Mantel put the couple’s revenue since their prenup at $300 million — $250 million of which came from movies. He estimated that De Niro’s net worth was $500 million.

In addition to De Niro’s work in Hollywood, much of their earnings came from his ownership of the Nobu chain of restaurants and Greenwich Hotel.

Hightower’s frustration that she was not considered an equal led to their previous divorce in 1999, Mantel said.

“That’s what caused the first divorce — we want a partnership. She enhances his goodwill. She enhances his career. I agree you’re going to be my 50% partner’ — it’s in the agreement.”

Hightower says that part of the deal is void due to De Niro’s alleged shady accounting practices. The judge then joked:

His income will fall now that Special Counsel Robert Mueller is out of the picture — less ‘Saturday Night Live,’” the judge remarked, referencing De Niro’s appearances on the sketch show.”

De Niro sat stone-faced.

The judge made a more serious observation as the hearing concluded.

After the hearing, De Niro, as is his custom, held a newspaper over, his face and became aggravated while struggling to find his driver waiting for him outside the courthouse.

Meet the Parents

De Niro filed for divorce from Hightower in December. They are also battling over custody of their 7-year-old daughter, who they had through a surrogate. They also have a 21-year-old son.

The New York Daily News article is here.

*Photo courtesy Georges Baird

 

Can You Lose Your Job in Divorce?

A court in Israel just ordered the nation’s largest commuter bus company to fire an employee because he refuses to divorce his wife. The company has 30-days to comply. Why would you lose your job for refusing to divorce? What if it is a religious divorce?

Religious Divorce

Divorce on One Foot

A Jewish couple from India, who have been married for over a decade, immigrated to Israel with their only child. The Husband has been accused of abusing his wife, and the situation worsened after they moved. Three years ago, the Wife filed for divorce, reconciled, and then renewed the religious divorce.

Israel’s divorce law is based on the Ottoman Empire’s old millet law. Unlike the United States, where divorces are handled by family courts, in Israel there are parallel courts involving divorce, the religious court and family court.

Additionally, divorce court may depend on which religious community you belong to because religious courts have jurisdiction of their own religious members. This means Muslims are divorced in Sharia courts, Christians divorce in ecclesiastical courts, and Jews divorce in Jewish courts.

In Judaism, religious law requires husbands to grant their wives a “get” – a Jewish bill of divorce to be a valid divorce. Ten months ago, a rabbinical court ordered the Husband to grant his Wife a divorce. But he refused, unless she waived her right to their joint property.

Florida Divorce and Religion

I’ve written about the intersection of religion and divorce a few times. Religion, religious beliefs, and religious practices are generally not considered in Florida divorces. Surprisingly for many, even when child custody is an issue, there are no specific statutory factors in determining custody on religious grounds.

Currently in Florida, child custody decisions are based in accordance with the best interests of the child.

As it relates to religion, Florida courts have decided that there must be a clear, affirmative showing that religious activities will be harmful to the child for religion to be a factor.

Egged On

The religious divorce court has imposed various financial sanctions on the Husband for refusing to divorce, including requiring him to pay his wife $410 a month as a sanction. But he still refuses to divorce her.

Last week, a panel of rabbinical judges granted the Wife’s request and ordered an Israeli bus company to fire the Husband within 30-days.

Yad L’Isha praised the decision. “Every creative solution like this gives great hope to other women that there are other ways to release them from the prison of their marriage”. Yad L’Isha is the world’s largest organization dedicated to helping women unable to obtain a Jewish divorce.

The Haaretz article is here.

Photo courtesy of Rickjpelleg

 

Religious Marriage & Divorce

A recent survey found that 6 in 10 women who had Muslim religious weddings are not in legal marriages, depriving them of spousal rights. Many people have religious weddings, and don’t get a marriage license. What is the importance of the marriage license, and is the religious ceremony enough?

According to the London Guardian, nearly all married Muslim women have had a nikah, a religious marriage ceremony.

However, about 61% had not gone through a separate civil ceremony which would make the marriage legal.

If you have a religious marriage only, and the marriage breaks down, you may be unable to go to family court to divide marital assets, such as the family home and your spouse’s pension.

This trend of having a religious ceremony, but no civil marriage license, is becoming a problem as more people think having religious marriage ceremony is enough.

Florida Marriage Law

I’ve written about marriage validity, and the intersection between religious marriage and civil marriage before. First off, in order to be validly married in Florida, you need a license from the government.

No, you don’t get your marriage license from the DMV, but from the Clerk of the Court.

Getting a marriage license may seem like a trivial obligation, but if you want your religious marriage recognized in court, you must get a marriage license.

There is a fee for getting a marriage license, and that fee is reduced for attending pre-marital counseling. The license is valid for 60 days. The officiant at the ceremony must certify that the marriage was solemnized.

The certified marriage license must be returned to the clerk or an issuing judge within 10 days, and the clerk or judge is required to keep a correct record of certified marriage licenses.

Florida courts have repeatedly warned people that they cannot depart from the requirement of the Florida Statutes to have a license, otherwise the courts would be creating common-law marriages, which are not recognized here.

If you only have the religious marriage, but do not file for a marriage license, your marriage will not likely be recognized, and you cannot divorce, and cannot make claims for equitable distribution, or ask a court for alimony.

That can be a devastating surprise for many people.

Religious Only Marriages

Every religion has there own method of marrying. For Catholics, the celebration normally takes place within a Mass. In Judaism, there’s a marriage contract, a marriage canopy, and the breaking of a glass. In the Islamic nikah, there is a reading from the Qur’an, and the exchange of vows in front of witnesses.

Religious marriage without a license, is not only a major problem, but a growing problem.

Religious marriages are also easier to terminate than legally registered marriages, so marriage has become easy and divorce has become easy. It’s a disturbing trend.

Generally in Florida, regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, clerks of the circuit courts, and notaries public may solemnize the rights of matrimonial contract, under the law.

The Guardian article is here.

 

Vaccinations and Custody

In Michigan, a judge reduced a mother’s child custody rights after she refused to vaccinate her son. What is the relationship between custody and vaccinations?

Michigan’s Vaccination Case

In Michigan, Oakland County Judge Karen McDonald ruled Wednesday that Rebecca Bredow will no longer have primary custody of the boy but will have joint custody with her ex-husband, James Horne.

Horne wanted to vaccinate the boy, and Bredow agreed to do so last November. But she didn’t. She says vaccinations go against her religious beliefs.

Custody and Vaccinations

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child.

In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends.

In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective

Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

Florida Vaccinations

I’ve written about the decision to vaccinate and custody in Florida before.

In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations.

There are at least two cases in Florida dealing with the decision to vaccinate and custody, and they conflict!

In one case, a Florida court heard the conflicting positions on immunization and decided that it would be in the child’s best interest to allow the anti-vaccination Mother to make the ultimate decision regarding the child’s immunization.

Ten years later, a different Florida court heard conflicting testimony, and decided it was in the child’s best interest to award the pro-vaccination Father ultimate responsibility to make decisions regarding the minor child’s vaccinations.

The decision to vaccinate raises interesting family law issues. It is important to know what your rights and responsibilities are in Florida.

Vaccination and Jail

Back in Michigan, Judge McDonald found Bredow in contempt of court last week and ordered her jailed. She also granted temporary custody to Horne and ordered the boy to be vaccinated. He received four immunizations on Monday.

Bredow told reporters Wednesday she was “in shock” by the court’s decision. Her attorney plans to appeal.

Triple Talaq Divorce Ban

The Triple Talaq allows Muslim men to leave their wives instantaneously by saying “talaq,” meaning divorce, three times. The thousand-year-old custom was just banned by the Indian Supreme Court.

Triple Divorce

I wrote about India’s controversial Islamic custom, and how the Indian Supreme Court was considering petitions that challenge Muslim laws governing marriage on the grounds that they discriminate against women, a charged issue that risks angering the country’s orthodox Muslims.

Among the petitioners calling for change is a Muslim woman whose husband, after 13 years of marriage, divorced her by saying “divorce” three times.

The Indian constitution protects gender equality, but on issues of marriage, divorce and inheritance, different religious communities are governed by their own so-called personal laws. Whether a person is subject to those laws is usually determined by their religion at birth.

Florida Divorce and Religion

In a Florida divorce, the court’s powers are found in the Florida Statutes.

Florida passed Senate Bill SB 386, which was approved by the Governor. Specifically, the bill prohibits courts in Florida from:

  • Basing a decision on a foreign law that does not grant the parties to litigation the same rights guaranteed by the Florida or U.S. Constitutions.
  • Enforcing a ‘choice of law’ clause in a contract which requires a dispute to be resolved under a foreign law that does not grant the parties the same rights guaranteed by the Florida or U.S. Constitutions.
  • Enforcing a ‘forum selection’ clause in a contract which requires a dispute to be resolved in a forum in which a party would be denied his or her fundamental rights guaranteed by the State Constitution or the United States Constitution. 

There are now over 30 states which have considered some limits on the application of foreign law, either through legislation or ballot initiative.

 India’s Supreme Court Ruling

India’s Supreme Court banned the controversial Islamic divorce practice known as “triple talaq” in a landmark ruling last week. The practice, that stretches back over a thousand years, allows a husband to divorce his wife by simply saying the Arabic word for divorce, talaq, three times.

The five-judge bench did not unanimously ban the practice, which Balaji Srinivasan, one of the lawyers on the case, called “disappointing.”

Instead, three judges ruled that it was unconstitutional, while the remaining two judged that it should be up to the country’s parliament to pass legislation officially banning the practice.

“The majority decision is that triple talaq is banned in law,” said Srinivasan. “From now on in India, the law is that there is no practice of triple talaq which is held to be valid.”

The judge in the majority ruling concluded, on the basis of an act in 1937 that enshrined Muslim legal beliefs and traditions into law, anything that was “anti-Quranic” was therefore banned and didn’t deserve constitutional protection.

“triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat … What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.”

Indian Prime Minister Narendra Modi, who has publicly advocated for a ban, added his voice to those celebrating the ruling. In a tweet on his official account, the prime minister called the court’s decision “historic,” adding that it “grants equality to Muslim women and is a powerful measure for women empowerment.”

The CNN article is here.

 

Religious Upbringing and Divorce

Divorce agreements can dictate the religious upbringing of a child: which church to attend, or how strict a religious education should be. What happens after divorce if an ultra-orthodox mother concludes she is a lesbian and wants to live a normal life?

The New York Case

In last week’s New York case involving the Weisbergers, the parents agreed to give the children a Hasidic Jewish upbringing in all details, in the home or outside of home, including which school the children attend.

Three years after the divorce, the mother came out as a lesbian, disparaged the basic tenets of Hasidic Judaism, allowed the children to wear non-Hasidic clothes, permitted them to violate the Sabbath and kosher dietary laws, and referred to them by names that were not traditionally used in the Hasidic community.

The trial judge ruled in favor of the father, circumstances had changed so much that he should have sole custody because of the mother’s transition from an ultra-Orthodox Hasidic lifestyle to a “more progressive, albeit Jewish, secular world.”

The court noted that the mother’s conduct was in conflict with the parties’ agreement, which “forbade living a secular way of life in front of the children or while at their schools.” The court posited that had there been no agreement it might have considered the parties’ arguments differently.

Florida Religious Upbringing

In Florida, there is no provision in our laws purporting to authorize such judicial enforcement in married parents. Religion and divorce is a matter I’ve written on before.

In a divorce action, the court’s powers over custody of children are found in the Florida Statutes. When a court is required to decide an issue as to the custody or support of minor children, the sine qua non of the exercise of those powers is the best interests of the child.

There is absolutely nothing in the statutory listing that expressly makes the religious training of the child a factor that the court should consider.

The Florida Statutes command all parents to confer on all major decisions affecting the welfare of their child, and to reach an agreement as to any required decision.

When the matter involves the religious training and beliefs of the child, courts cannot make a decision in favor of a specific religion over the objection of the other parent. Generally, a child’s religion is no proper business of judges.

New York Law Changes

The appeals court in New York reversed the father having sole custody of the children, and final decision-making authority over medical, mental health issues, with supervised therapeutic visitation to the mother.

When presented as an issue, religion may be considered as one of the factors in determining the best interest of a child, although it alone may not be the determinative factor.

Clauses in custody agreements that provide for a specific religious upbringing for the children will only be enforced so long as the agreement is in the best interests of the children.

Importantly, no agreement of the parties can bind the court to a disposition other than that which a weighing of all of the factors involved shows to be in the children’s best interest.

The Washington Post article is here.

 

Religion: Divorce or Stay Married?

A woman sued her divorce lawyers for negligence, claiming they failed to tell her finalizing her divorce would end her marriage. Crazy, right? It also places the issue of religion and divorce back in the news.

According to the U.K.’s Independent, the divorce malpractice case had already been rejected by the court, but was before a higher British court on appeal.

Jane Mulcahy had argued that the lawyers should have made it clear that a divorce would cause her marriage to be terminated – something which she apparently wanted to avoid.

The lawyers failed to regard her Roman Catholic faith, and should have recommended judicial separation – a step down from full divorce – as an alternative course of action, she said.

I’ve written about religion and divorces before. Each religion has its own requirements for completing a divorce. Although religion is not a factor Florida courts can consider in granting a divorce, for the parties, religion can be extremely important.

Islam has a waiting period. The Catholic Church has the Decree of Invalidity and other remedies so spouses are free to marry again. In Judaism, a husband must give his wife a “Get”.

To avoid problems such as the British woman’s Florida allows people to file for alimony and child support unconnected with dissolution.

In Florida, if a spouse has the ability to contribute to maintain and support the family, but fails to, the other spouse can apply to a court for alimony and for support for the child – without seeking a dissolution of marriage.

Many people are often unaware that there are serious consequences to ending your marriage (loss of health insurance and tax implications for example) and that you can’t simply annul your marriage the way you can divorce.

In the British case, Lord Justice Briggs said:

“The most striking of Mrs Mulcahy’s many allegations of negligence against her solicitors was that, having regard to her Roman Catholic faith, Mrs Boots had failed to give her the advice which was requisite in view of her firmly held belief in the sanctity of marriage…

The Independent article is here.

Enforcing Religious Marriage Contracts: How to Get a Get

On behalf of Ronald H. Kauffman, P.A. posted in Agreements on Wednesday, March 27, 2013.

Divorce can be tricky when the divorcing couple is religious. Religious issues have arisen for clients of all faiths. This is especially true during religious holidays like Passover/Easter, and usually deal with decisions over holiday timesharing and religious upbringing.

However, different religions can have unique issues. For instance, Muslim clients sometimes have had disputes over the interpretation and enforcement of Mahr agreements – a religious prenuptial agreement.

For Jewish clients, a frequent problem is the “chained wife” or agunah. In Judaism, for a divorce to be effective, Jewish law requires that a man grant his wife a get. An agunah, or chained wife, is legally divorced in Florida, but the ex-husband refuses to sign a get.

There has historically been an imbalance of power, giving men the upper hand when religious couples negotiate child custody, division of assets and other issues. In some cases, wives and their families have paid hundreds of thousands of dollars for their husband to grant them a get.

Recently, a Connecticut trial court affirmed the constitutionality of the Modern Orthodox prenuptial agreement created by Beth Din of America aimed at protecting chained wives.

The Jewish Daily Forward reports that Rachel Light, a former wife, entered into a prenuptial agreement which had a ‘damages for delay’ clause requiring the husband to pay roughly $100 per day for every day he refused to sign a get. Ms. Light may possibly claim damages of more tha $100,000 from her ex-husband because he refused to sign a get.

Susan Aranoff, director of the advocacy group Agunah International, called the decision a ‘breakthrough for women,’ saying, “The unanswered question with regard to the prenup was always will it be enforceable in court. Now that is has been enforced husbands know there is a cost for withholding a get.”

Last July Rachel sued arguing that while she and Eben had separated years earlier, Eben refused to grant her a get. Rachel asked the court to enforce the provision in the prenup in which Eben agreed to pay $100, plus adjusted inflation, for every day he refused to grant the get. Eben argued that the prenup was a religious matter, and as such, it was unconstitutional for a secular court to enforce the document.

In his opinion, the judge found that enforcing the prenup was no different from enforcing a secular contract. He cited several cases, including Odatalla v. Odatalla, where a New Jersey court enforced an Islamic mahr agreement, and Avitzur v. Avitzur, which ruled that it was constitutional for a secular court to enforce a ketubah, or Jewish marriage contract.