In my divorce agreement I agreed that if the divorce ceremony did not go through, my husband would be entitled to pay me less maintenance. I did not turn up at the ceremony. Is my undertaking really binding, if I can’t be forced to divorce?
By: דיאנה שאלתיאל•Published on: 16 May, 2022Yes! Although it is true that a spouse cannot be forced to give or accept a ‘get’ for fear of interfering with the validity of the divorce which must be freely given and freely accepted, a wife is bound by her contractual undertaking to forego part of her maintenance. She will be entitled to the reduced amount referred to in her divorce agreement, although her actual consent to divorce in the same agreement cannot be enforced.