Historically, the courts of New York have reluctantly passed upon the validity and enforcement of religious marriage contracts. The restrictions of the First Amendment (as read into the Fourteenth Amendment), constrain state courts from limiting the free exercise of religion or the use of civil law to support or further its establishment.

The reported decisions dealing with the enforcement of religious marriage contracts involve Jewish and Islamic marriage contracts that we discuss in this article.

Jewish Marriage Contracts

The Jewish marriage system "is complementary to, but apart from, the secular marriage requirements." The couple must obtain a divorce in a secular court too. The division of assets may be done by the Beth Din, the rabbinical court, or by the court. A Jewish divorce involves the husband transferring to the wife, in front of witnesses, a Get, which is a personalized 12-line document written by a scribe at the command of the Beth Din. The husband's transfer of the Get, and the wife's acceptance of it, must be of their own free will (see Ann., Application, Recognition, or Consideration of Jewish Law by Courts in United States, 81 A.L.R.6th 1).