Civil Enforceability of Religious Prenuptual Agreements

Authors

Michelle Greenberg-Kobrin, Benjamin N. Cardozo School of LawFollow

Publication Date

Summer 1999

Journal

Columbia Journal of Law and Social Problems

Abstract

In the years since Perri Victor's divorce has been finalized, she has tried to move on with her life. She is raising a young daughter from that marriage and finishing up law school. Perri and Warren Victor were married in an Orthodox Jewish ceremony in Florida in 1976. They received a civil divorce in 1990. However, as an Observant Jew, Perri cannot remarry until Warren gives her a Jewish religious divorce known as a get. Since late 1987, she has been pleading with Warren to give her a get. When Warren asked her to give up a portion of her equity in the family home in exchange for the get, she agreed. Realizing the power he had over Perri, Warren further demanded sole custody of their daughter before he would grant the get. Perri refused. Vindictively, Warren refused to give her a get. Thus, in the eyes of Jewish law, she remains a married woman. Perri would like to date, remarry, perhaps have other children, but because Warren refuses to grant her a get, she is unable to. She is an agunah, literally, a chained woman, bound against her will to a man she no longer loves.

Volume

32

First Page

359

Publisher

Columbia Law School

Keywords

religion, Jewish law, divorce

Disciplines

Contracts | Law | Legal History | Religion Law

Recommended Citation

Michelle Greenberg-Kobrin, Civil Enforceability of Religious Prenuptual Agreements, 32 Colum. J.L. & Soc. Probs. 359 (1999).
https://larc.cardozo.yu.edu/faculty-articles/265