Divorces are both tricky, complicated, and at times, restricting.
Among Jewish women, getting a signed civil divorce decree doesn’t necessarily mean a complete divorce. By Jewish religious customs, women are to remain “chained” to their ex-husbands until the latter grants a religious divorce.
This chaining prevents ex-wives from re-marrying effectively tying them to their ex-husbands. Jewish women in New Jersey may find some hope with a recent divorce ruling.
Recently, a Connecticut judge upheld the legality of a Jewish prenuptial agreement and ruling in favor of a local woman party to the legal battle. The court is ordering the ex-husband to issue a “get,” or a Jewish divorce document, that allows the woman to re-marry.
Recently, a Connecticut judge upheld the legality of a Jewish prenuptial agreement and ruling in favor of a local woman party to the legal battle. The court is ordering the ex-husband to issue a “get,” or a Jewish divorce document, that allows the woman to re-marry.
The ruling is considered a landmark decision that could impact Trenton, New Jersey and the entire country.
According to the judge, another stipulation in the prenuptial, drafted some 20 years ago by a rabbinical court that implements traditional Jewish common laws in America, is also enforceable entitling the woman to at least $100,000 from her ex-husband, or an amount equivalent to $100 for each day a get is not granted.
The decision was in-line with the two provisions stated in the original document. First, the couple agrees to allow a Jewish Court to arbitrate the divorce. Second, the husband must agree to pay the wife for each day a religious divorce is not granted. Both installed to free the ex-wife from potentially getting chained from the former husband.
Being chained prevents the wife from re-marrying and for all subsequent children to be considered illegitimate by Jewish standards.
According to the judge, another stipulation in the prenuptial, drafted some 20 years ago by a rabbinical court that implements traditional Jewish common laws in America, is also enforceable entitling the woman to at least $100,000 from her ex-husband, or an amount equivalent to $100 for each day a get is not granted.
The decision was in-line with the two provisions stated in the original document. First, the couple agrees to allow a Jewish Court to arbitrate the divorce. Second, the husband must agree to pay the wife for each day a religious divorce is not granted. Both installed to free the ex-wife from potentially getting chained from the former husband.
Being chained prevents the wife from re-marrying and for all subsequent children to be considered illegitimate by Jewish standards.
In many cases, women are driven to pay their former husbands just to grant them the get. Experts agree that the court’s publicized decision sets a precedent that other states should follow.
About The Author
Victor Dela Casa is
a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Degree in Economics from the University of the Philippines and Honours
Diploma from Eastern College. Currently based in the Philippines and
working as a professional writer for a multi-national business processes
firm.
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