Avitzur v. Avitzur

In Avitzur v. Avitzur (58 N.Y.2d 108 [1983], cert denied 464 U.S. 817 [1983]), the Court held that it could specifically enforce the terms of a Ketubah, signed by bride and groom as part of a religious marriage ceremony and providing for obligations of spouses under religious law and tradition, to the extent that in the Ketubah the parties agreed to recognize a religious tribunal as having authority to summon them, render a decision, and impose compensation for noncompliance. The Court held that while the obligations undertaken by the parties in the Ketubah were grounded in religious belief and practice, that did not preclude enforcement of its secular terms, and at least that portion of the Ketubah in which the parties agreed to refer their disputes to a nonjudicial body was enforceable. This was, in essence, no more than an agreement to alternate dispute resolution, and such agreements are enforced by neutral provisions of contract law.