The ketubah itself contains several components and they are the main ketubah, an addendum to the ketubah and a dowry/ShutterStock
The wedding ceremony sometimes makes us do things that we otherwise regret, especially if we get divorced.
For example, many men want to "prove" their love for the new bride and sign a large written sum.
A Ketubah is actually a written contract between the groom and the bride, but what happens if the couple divorces?
Does the man have to pay the woman her address?
According to attorney and mediator Matan Gor, from the Bar Gor attorney's office, the answer to this is complex, and it depends on various factors.
"A question that repeats itself a lot in our office," admits Attorney Gore, "is what happens if the man signed a very high letter and did not mean it, does he have to pay it in full?"
If, for example, it is a million shekels, does he have to pay all This amount?
Attorney Gore: "First of all, we will understand that when we talk about a written payment when a divorce claim is brought before the Rabbinical Court, he will check who is actually the cause of the dissolution of the family unit, the man or the woman. As long as the woman is responsible, this means that she will probably lose her address ".
According to Attorney Gore, before answering the question of whether or not we will pay the amount of the ketubah, it is important to understand what the purpose of the ketubah is in general. The second goal, and perhaps a bit surprising, is to make the divorce process more difficult and to avoid a situation where, due to a temporary quarrel, the husband would be interested in evicting his wife."
According to Attorney Gore, the ketubah itself contains several components, and they are the main part of the ketubah, an addition to the ketuba, and a dowry. The main part of the ketuba is actually a fixed minimum amount that every man undertakes to pay his wife upon divorce. The same man chooses to pay. In fact, today the ketubah supplement has become a fairly standard part of the ketubah.
"It is important to note," emphasizes Attorney Gore, "when the ketubah supplement is unusually high without having anywhere to repay it, the approach in the rabbinic courts is that the husband should not be obligated with full payment of the written supplement".
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Adv. Gore cites as an example a well-known and well-known ruling that was decided in the Great Rabbinical Court 887669/1. "In this case," he says, "a man undertook to pay his wife an amount of 18,000,000 shekels.
The court did not cancel the payment of the entire written supplement, but only charged an alternative amount of NIS 120,000."
Are there cases in which the man will not pay the written amount?
Attorney Gor: "Definitely yes, there are cases in which the woman is not entitled to her written address. Among other things , these are cases in which the woman cheated on the man while she was married to him, and this refers to both cheating with a man and cheating with a woman. Even in the case that the woman rebels against her husband and refuses to have marital relations with him, she is not entitled to her title. In addition, if it is proven that the woman resorted to violence (physical or verbally harsh) towards her husband, or in the event that the wife opened the divorce case with the aim of bringing about the dissolution of the family unit, she is not entitled to the payment of the ketubah. In detailing the grounds for disqualification of the ketubah, there is also a section according to which if the wife deliberately failed her husband to fulfill the religious mitzvah, she will not receive the amount. There are other reasons, but these are the main ones."
Attorney Bar Gor's office recently represented in a divorce case in which the woman continuously beat her husband and terrorized him for years. The police have no record of complaints. But the husband, who was organized, kept for years his medical summaries received from the hospitals and health insurance funds, where his complaints were noted (crack in the ribs, a flashlight in the eye, bruises). Since there was an accumulation of years of medical documentation, the court accepted our claims And the woman lost her address."
Attorney Gore recalls another case that was conducted at the office, centered on an ugly divorce proceeding. "The man," says Attorney Gore, "claimed from the beginning that his wife had cheated on him for years and had an affair, from the experience of several cases - when one of the spouses had a feeling that the son His partner is cheating, there is room for an investigation into the matter, after we proved with unequivocal evidence that this is indeed true and the woman did cheat on her husband, the court concluded that she did cheat on her husband and therefore is not entitled to the address, the wife lost her full address."
What is the ruling of the Ketubah when both spouses want to divorce?
Attorney Gore: "If both spouses do not want the continuation of married life, their definition in the courts is 'rebels against each other', that is, both spouses rebel and do not want to live with each other without the collar hanging around the neck of one of the parties.
In this case, the wife will be entitled to the bulk of the ketubah
, but the wife will not be entitled to receive a written supplement." If so, a ketubah is indeed a legal contract that the husband is obligated to uphold, but its actual execution depends on the behavior and circumstances of each case. "Therefore," concludes Attorney Gore, "Before you rush to start divorce proceedings, you should check and make sure that you have all the evidence that will both constitute a strong and proven reason for divorce and also proven evidence that justifies an exemption from the payment of the written notice."
Barr Attorney's Office, Jabotinsky 9, Bnei Brak. 050-4666432
In collaboration with legal zap
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