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Canada to Enforce Premarital Agreements Crossing into Religious Issues

By Janet Langjahr

The Canadian Supreme Court recently ruled that a premarital agreement is a binding contract and that the Court has the power and obligation to enforce it - even where it has religious implications.

In the case at hand, a premarital agreement provided that, in the event the couple’s marriage broke down, the husband was to seek a “get” for the wife. A get is a divorce under Jewish religious law.

Without the get, under religious law, the spouses are still considered married to each other.

The husband refused to pursue a get for fifteen years, until after the wife was beyond her child-bearing years.

The wife sued the husband for breach of contract, seeking damages because she was unable to remarry and have kids within her faith.

But, of course, under Canadian law, she had the legal right to remarry and have children.

Read more in this Montreal Gazette editorial: Court erred badly in divorce ruling.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on January 12, 2008 (boomark / email).