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Prenuptial agreements are now being required for couples who are marrying in at least two Montreal Orthodox synagogues, according The Star.
This is meant to prevent one of the spouses from refusing to agree to a Jewish divorce should the union fail.
However, if the spouse gets a civil divorce, he or she can remarry, but not in a traditional Jewish synagogue. This Jewish prenup means that the husband must give his wife a get, a Jewish divorce decree, and she must accept. If either spouse refuses they will not be able to remarry. This is even worse for the wife if she declines because if she remarries without a get the child will be illegitimate. This is empowered by a bet din, a form of civil law, which decides all issues concerning a get.
The prenuptial agreement is not implemented throughout the Jewish faith and comes from a recent International Rabbinic Fellowship (IRF) conference in Washington DC. At the conference it was decided that “IRF Rabbis could not officiate at a wedding unless the couple has signed a halachic pre-nuptial agreement.”
Unlike halachic prenuptial agreements, Thailand prenuptial agreements cannot force a spouse to not remarry after the divorce. While a prenuptial agreement in Thailand is not enforced by the law many individuals have decided to go this route to help create a financial plan. The Jewish prenuptial agreement under the civil law is how spouses cannot decline the divorce.
In Thailand law there are not the same kinds of restrictions as in the Jewish prenup agreement. After a Thai divorce there are no issues of prohibited marriage or being forced to agree to the contract. The Thai prenup is between the spouses and if one spouse refuses to agree to the prenuptial agreement the law cannot step in to force on side or the other.
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