Read here all the news in English about www.eventcrisis.org. Recently, in some modern Orthodox circles, a movement has emerged to support an additional marriage contract. This is a response to a growing number of cases where the husband refuses to grant a religious divorce. In such cases, the local authorities are not in a position to intervene, both for the sake of separation of Church and State and because certain Halachois problems would arise. This situation leaves the woman in a state of Aginut where she is not able to remarry. To remedy this situation, the movement promotes a marriage contract in which the couple agrees to carry out their divorce, if it occurs, before a rabbinical court. Much has been written about force majeure clauses as a way to resolve contractual issues arising from COVID-19. While these are important provisions, it is rarely easy to rely on them and there may be specific provisions for cancelled or modified events. The parties should first review the provisions of the agreement relating to the renegotiation/replacement of rights, renewals and refunds before dealing with the case of force majeure, denunciation, exclusion and limitation of liability, as well as indemnification and warranty clauses. There may also be specific formulations that overlap on partial or non-existent conditions. Agreements should therefore be reviewed at an early stage as a whole in order to define the rights and obligations of each party.
The force majeure clause should apply in addition to the more specific clauses in order to fill certain types of gaps. When drafting an agreement, it is important to recognize that there are two types of state laws governing divorce: equitable distribution by 41 states and common property, practiced in some variants of 9 states. A written agreement in a State of common ownership should not be designed in such a way as to regulate what happens in a State of equitable distribution and vice versa. It may be necessary to use lawyers in both States to cover the possible case where the parties live in a State other than the one to which they were married. Often, people have more than one home in different states or move a lot because of their work, so it`s important to consider this when developing. The 2014 Report of the Commission on Marital Wealth generally accepted radmacher`s decision and recommended the creation by Parliament of a « qualifying marriage agreement » that would create a fully binding marriage agreement as long as certain conditions are met. The Commission`s recommendations have yet to be implemented. Now that COVID-19 is at the forefront in everyone`s minds, it`s certainly not unpredictable.