Are Religious Marriage Contracts Enforceable in Illinois?

Are Religious Marriage Contracts Enforceable in Illinois?

In Illinois, prenuptial agreements are a common tool for couples to define financial and personal obligations before marriage. However, when marital contracts are rooted in religious practices—such as the Jewish Ketubah or the Muslim Nikkah—questions arise regarding their enforceability in civil courts. While Ketubahs and Nikkahs are not always signed in advance of the marriage (they can be signed at the time of marriage and signify the uniting of the parties in marriage), they address the same issues as prenups. Like prenups, religious marital contracts may be enforceable in Illinois Courts if they adhere to certain statutory requirements.

The Illinois Uniform Premarital Agreement Act

750 ILCS 10/1 et seq. provides the legal framework for contracts related to marriage in Illinois. A prenuptial agreement must be entered into voluntarily by both parties for it to be valid and enforceable. It must be in writing and signed by both parties.

Topics that can be addressed in a marital contract include the following:

• Property rights and obligations (ownership, use, management, etc.)
• The disposition of property upon separation, divorce, death, or any other event
• Spousal support (may be waived or modified, with limitations)
• Estate planning arrangements
• Life insurance benefits
• Choice of law governing the agreement
• Any other matter not in violation of public policy or criminal statute

A marital agreement that follows the rules above may still be deemed invalid and unenforceable by the Courts if it is unconscionable. An agreement may be deemed unconscionable if, at the time of execution:

• There was inadequate disclosure of assets or debts
• The party did not voluntarily and expressly waive the right to disclosure
• The agreement is grossly unfair.

Enforceability of Religious Agreements

For a religious marital agreement to be enforceable under Illinois law, generally speaking, it must meet the requirements set forth above. Courts will avoid interpreting religious doctrine to enforce the terms of an agreement, but if the provisions of a religious marital agreement relate to secular matters, the Courts may find those valid and enforceable so long as they are not unconscionable.

Case Study: In re Marriage of Katsap

In In re Marriage of Eneya Katsap, 2022 IL App (2d) 210706, the parties, Eneya and Alexander Katsap, married in Israel and later moved to Illinois. They signed a Ketubah, a Jewish religious marital contract, which obligated Alexander and his heirs to pay to Eneya $1 million out of any property that Alexander owned at the time of divorce or acquired after a divorce. The Ketubah also obligated Alexander “not to remarry and not to leave Israel until he provided Eneya with child support in an amount to be determined by a rabbinical court.” Katsap, ¶ 21. The lower court held that this agreement was not enforceable under Illinois law for multiple reasons. The Ketubah went against public policy in dealing with matters of child support, and it was also unconscionable because it restricted Alexander’s freedom to remarry and move where he pleased.

Eneya appealed the lower court’s ruling, again seeking to have Alexander held responsible for the $1 million he allegedly owed her. In her appeal, Eneya refers to another case in which the Court upheld provisions of a Ketubah as enforceable. This case is In re Marriage of Goldman, 196 Ill. App. 3d 785 (1990). In Goldman, the Court upheld the provision of the Ketubah that required the husband to obtain a “get,” which is a Jewish divorce. Without a “get,” the wife in Goldman would not have been able to remarry under Jewish law. The Court upheld the terms of the religious marital agreement in Goldman, Eneya argues, so why not in her case, too?

The Court did not buy into Eneya’s argument because of the stark differences in the terms sought to be enforced in each of the cases. In Goldman, the term to be enforced was the procurement of a religious divorce, which the Court deemed a reasonable request, not contrary to public policy or unconscionable. In Katsup, however, Eneya was asking for $1 million, which, according to the Court, was not reasonable or conscionable. The parties in Katsup had very little money. Alexander’s income was approximately $4,800 per month. The Court found this provision substantively unconscionable because the contract terms were inordinately one-sided in one Eneya’s favor.

Questions About Marriage Contracts?

If you are planning your wedding and considering a marital contract – whether it is religious or otherwise, you need to be sure that your agreement will be enforceable under Illinois law. The best way to do this is to retain an experienced Illinois family law attorney to draft this agreement for you.

Generally speaking, however, a good marital contract will have:

• Clarity: Ensure that the terms are clear and unambiguous.
• Disclosure: Provide full disclosure of assets and liabilities.
• Voluntariness: Ensure that both parties enter into the agreement voluntarily and without duress.

If you already have a religious marital contract in place, and you are not sure if it will be enforceable in Court, reach out to a Chicago family law attorney for guidance. The enforceability of your agreement will ultimately depend on whether its provisions align with public policy and are not unconscionable.

Reach Out to a Family Law Attorney in Chicago Today

Religious marital agreements are sometimes enforceable in Illinois if they meet the requirements set forth in the law. Couples seeking to incorporate religious elements into their prenuptial agreements or to enforce religious marital agreements that are already in place should retain experienced legal counsel. The attorneys at O. Long Law, LLC, can answer your questions about prenups, postnups, and everything in between. Reach out today to schedule your initial consultation.