Religious Premarital Agreement

It is what it name suggests: A premarital agreement that is primarily religious in nature, often formed within the traditions of a particularly religion. The most common examples are the Jewish ketabeh and the Islamic mahr. Despite being religious in nature, such agreements are enforceable in Court provided they meet the requirements of a prenuptial agreement and can be interpreted by the Court “neutrally,” meaning the Court is not asked to weigh in on any religious questions. For example, in Victor v. Victor, 177 Ariz. 231 (App. 1993), the Court could not enforce a ketubah’s requirement that the husband procure a religious divorce because the terms of the agreement simply stated that the parties would live according to the “Laws of Moses and Israel,” and ordering the husband to get a divorce under those terms would require interpreting the religious meaning of the Law of Moses. In contrast, in Alulddin v. Alfartousi, 255 Ariz. 436 (App. 2023), the Court could enforce the financial provisions of an Islamic marriage contract that required Husband to pay $10,000 to Wife upon their divorce because doing so did not reguire the Court to interpret the religious meaning of any provision.