The Jerusalem Regional Rabbinical Court has ruled that a couple who signed a prenuptial agreement must have it officially voided before being granted a divorce, according to the Times of Israel.
The couple’s agreement included a clause that required the husband to pay a penalty in the event that he withholds a divorce. The fine increases by $1,680 each month after she demands the divorce, regardless of her income or personal finances.
The court ruled that this clause constitutes coercion. As a result, the couple can’t be granted a divorce unless it’s voided, regardless of whether or not both parties are happy with the agreement.
Under Jewish law, a woman can’t initiate divorce proceedings herself. Instead, it is up to her husband to present her with divorce papers. They must be both given and received voluntarily, which is why this particular prenuptial agreement has caused controversy.
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This decision came after a proclamation was signed by 44 rabbis in July, stating that prenuptial agreements are a non-starter for divorce.
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