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Jews in the Diaspora live under the concept of Dina Malchuta Dina. The law of the land is the law. What is the problem with a couple entering into a prenuptial agreement in which they agree that in the event that either party wishes to dissolve the marriage they each agree to abide by the relevant laws of the the secular country/state jurisdiction in which the marriage took place. Marriage is after all a transaction and the rules of contract should apply. Or put it in the kesubah along with the husband's obligation to support the wife that dissolution of marriage shall be governed by secular law (or religious and secular law, but in the event of a conflict, secular law shall control). Question on related topic. Is there a concept of abandonment permitting divorce. If husband abandons wife for a period of time either actually or constructively (refusal to have relations), should this not be a ground for divorce or annulment initiated by the wife or a beis din?
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Feb 23, 2016