N v N (Jurisdiction: Pre-Nuptial Agreement)Pre-Nuptial Agreement • September 25th, 2021
Contract Type FiledSeptember 25th, 2021Before their marriage in 1996, the Orthodox Jewish parties entered into an antenuptial agreement which dealt primarily with property matters, but which also required them to attend and comply with the ruling of the Beth Din in the event of any matrimonial dispute. The short marriage which produced one child failed and although a decree absolute of divorce was granted under the Matrimonial Causes Act 1973 in 1998 the husband did not apply to the Beth Din for a get (a bill of divorce in Jewish law). A consent order was made in relation to ancillary relief and the contact dispute remained outstanding. According to Jewish law the husband and wife remained married and this had particularly serious consequences for the wife. She sought to compel the husband to initiate the get by asserting that he was in breach of both the terms of the antenuptial agreement and his agreement, recited in the contact order, to progress the obtaining of the get expeditiously. The husband argued that the court h