Tuesday, June 27, 2006

RCA Prenup - II

Victor v. Victor
177 Ariz. 231, 866 P.2d 899
Ariz.App. Div. 1,1993.

Yesterday I discussed a case where a court ordered a husband to give his wife a get, arguing the ketubah to be a valid contract. Today we look at the flipside, where the ketubah was not enforced.

The dissent in yesterday's case argued that the ketubah was too vague to be enforced, and the court in today's case agreed. The court further noted that the ketubah doesn't refer to a get, and that forcing the husband to initiate giving a get would involve the state in religious matters. The case explicitly cites the Goldman case we mentioned yesterday and disagrees, stating that the First Amendment didn't allow the court to get involved in religious exercise.

Again, note that this doesn't mean the RCA prenup would be enforced. But stay tuned! There's another case that deals with a prenup