Religious Traditions and Their Impact on Prenuptial Contracts in New Jersey

Religious customs can sometimes conflict with the legal realities of marriage, leading to complex negotiations and unique clauses in prenuptial and marital agreements.

The institution of marriage is a significant event in the vast majority of religions around the world. Each religion has their own version of a marriage ceremony, as well as their own traditions. Religious traditions, many times, are taken more seriously than the law of the land. These traditions can dictate who you marry, when you get married, what the ceremony is like, and similar details. For example, in certain religions, your husband or wife is chosen for you at a very young age. In other religions, it is frowned upon to get a divorce. Religious traditions affect every aspect of marriage, which in turn often affect prenuptial agreements and other marital agreements.

A Comparative Analysis of Catholic, Jewish, and Islamic Perspectives on Prenuptial Agreements

Catholicism’s Stance on Prenups and the Permanence of Marriage

In the Catholic religion, anything that predicts or foresees the dissolution of the marriage is strictly forbidden. By not having 100% confidence in the marriage and its success, by not accepting the everlasting existence of the bond, the Catholic religion teaches that the couple never fully accepts or enters the “community of life” that a valid marriage requires. This “lack of confidence” in the marriage could be interpreted by something as simple as keeping assets separated or having a prenuptial agreement.

Judaism’s Approach to Prenups and Divorce

Judaism, on the other hand, takes a completely opposite stance on divorce and prenuptial agreements. Judaism mandates a prenuptial agreement, writing it into its own marital traditions. Judaism also believes in divorce (though they do not advocate for it), and they have specific guidelines or rules to follow when getting a divorce. At the beginning of a Jewish marriage, the couple enters a “ketubah,” which is a documented agreement that addresses almost every aspect of the marriage, including duties and responsibilities of each party and future parties (children).

Both parties can agree to include other provisions such as using a “bet din” or Jewish tribunal to address and enforce Jewish law. The only reason the tribunal has authority, is because their authority is written into the contract and the parties may voluntarily agree to abide by their judgment. Otherwise, the tribunal and Jewish law have no impact on civil jurisprudence. In fact, it is strongly suggested that the parties do not proceed through the judicial system, lest the couple’s standing and reputation in the community be rendered meaningless. Lastly, a Jewish divorce requires what’s known as a “get.” The “get” is a document that must be signed by the husband, or the divorce is not valid, and the wife cannot be free from the marriage.

The Islamic Dowry and Its Role in Marriage and Divorce

The Islamic faith sees marriage as a sacred vow, much like Catholicism.  However, the Koran mandates that the prospective husband strikes an agreement with the wife’s guardian. The wife’s guardian is usually her father. The wife does not have a say in the matter. The husband also gives the wife a dowry, also known as a “mahr.” A dowry is a traditional, marital contract which that states one party financially enriches the other after the marriage. In Islam, this enrichment occurs after marriage, but if there is a divorce or if the husband dies, another financial gift is given. This gift is an incentive against divorce.

How Religious Influence Can Undermine Your Prenuptial Agreement

For many people, various religions and their traditions are so ingrained in us from such a young age that the way we live our lives is determined based on these traditions and conforming to the community we grew up in. It is for this reason that we may or may not enter into marriage and its associated agreements. It is also for this reason that courts may invalidate a prenuptial agreement, because the need to conform to religious standards can often override our free will.

The actions that would invalidate a prenuptial agreement could also invalidate any other contract. The first can be if it is an involuntary agreement, meaning either coercion or duress was involved in the signing of the agreement. Second, if the contract is unconscionable at the time of the signing, it may be subsequently voided. This means that the contract would be so blatantly unfair that it would “shock the conscience.” Third, if there is not a full disclosure of all assets, debts, properties, etc., then a prenup may not hold up against legal challenge. Lastly, if there was no attorney helping a party or a written waiver stating the party gives up their right to have counsel, then the agreement may be seen as invalid in a court of law.

If someone is pressured into signing a prenup or waiving their right to counsel, it can be argued that the desire to be married and not get divorced outweighed free will and the voluntary decision to enter into a prenuptial agreement. A common example is if a party to the marriage is not a virgin at the time of marriage. To keep this information from becoming public, that party may be coerced into signing a prenuptial agreement.

When Religious Coercion Invalidates Marital Agreements in NJ: Segal v. Segal

The matter of Segal v. Segal taught us a lot about this topic. It involved the Jewish faith with two parties from the Orthodox denomination. The husband and wife signed a marital settlement agreement, granting the husband ownership of everything they owned. She later sought to invalidate the agreement, arguing that she was initially forced to enter into it. The husband refused to sign the “get,” as he wanted his wife to sign over ownership to him of everything they owned. Ultimately, the court decided that the wife was forced to sign the marital settlement agreement because the husband would not sign the “get” unless she did so.

Navigate the Intersection of Religion and Prenuptial Agreements with our Little Falls Family Law Firm

When religion plays a role in your life, your marriage, associated agreements, and the potential end of your legal relationship with your spouse, it is essential to enlist help from a seasoned family lawyer who has a proven track record with these very specific facts. At The Montanari Law Group, our team is dedicated to protecting your rights in a divorce, determining whether a prenuptial agreement is valid, creating a prenup that will withstand legal scrutiny, and if applicable, arguing for the invalidation of a contract due to coercion, duress, or other recognized bases. If you have religious and legal concerns in a family law matter, contact our Passaic County office at (973) 233-4396 for a free consultation. We are pleased to serve individuals across Haledon, Fort Lee, Woodland Park, Wyckoff, Montvale, Jersey City, Montclair, Essex Fells, Wayne, or elsewhere in Northern New Jersey.