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Cara Nuttall discusses how Pre-Nuptial Agreements are encouraged to facilitate religious divorces

It has been reported that the International Rabbinic Fellowship and Mavoi Satum (a women's rights group) have recently expressed their support of pre-nuptial agreements for Jewish couples embarking on marriage. Their support for the use of pre-nups stems from the complications which can arise in obtaining a religious divorce, the Get, if there is no agreement between the couple in regard to the same being obtained once the marriage has broken down. Their advice is that the circumstances and timing of the getting of the Get is contained within a clause of the pre-nup.This issue demonstrates the way in which English divorce law does not always incorporate and/or 'gel' with other religious and cultural procedures, which then have to be addressed separately. We often deal with international cases here, and part of our conduct of such cases involves finding ways to respect and incorporate specific religious and cultural requirements within the framework of English family law, and making sure that any agreement will also be recognised abroad where it is required to do so.The significant variation in approach, whether it be in relation to divorce, financial settlements or children matters, between different countries and cultures often comes as a significant surprise to people, and can lead to the reality of their legal position being considerably different to what they expected. Where people are unclear as to which law may apply, or the extent to which it may be recognised, be it prior to embarking on a relationship or trying to find a solution once a relationship has broken down, they are always advised to seek advice from a family lawyer. Knowing the situation from the start and where appropriate making arrangements in advance can avoid unnecessary problems and disagreements further down the line.By Cara Nuttall, Family Law Expert

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