Reply To: Funny issue with RCA prenup

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akuperma
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Rebdoniel: It is a new “invention” to specify which Beis Din will litigate a matter that hasn’t yet to arise, now knowing the conditions under which it will arise. As it is, the kesubah (together with the body of halacha) creates a duty to go to a “Beis Din” when ending the marriage. The RCA addenda is new (though a few others have tried it, including some non-Orthodox), as part of an effort to make it easier to get the assistance of the American courts to help when one party (usually the husband) doesn’t want to give a “get” (either because he is illegally shaking down the wife’s family for money, or because he doesn’t want a divorce). If the parties were “modern Orthodox” (or whatever) when they married, still are when the divorce, and haven’t moved to a different country – there isn’t a problem — but if one party has changed lifestyle, or has moved, there is a problem and the RCA method won’t help.

A better solution to the matter might be for the community to adopt a policy by which the wife stipulates which Beis Din she wants (since she is the one who can’t remarry with a “get” and whose children will be mamzer if she does), and perhaps offers to pay the legal fees of the party whose spouse if refusing to go to Beis Din.