Prenuptial Agreement

The prenuptial agreement seeks to deal with the problem of the refused divorce through a prior agreement obligating the husband to go to court. Jewish tradition considers the creation of a family a central social-religious value and not just a casual arrangement. Hence the contractual document for terminating a Jewish marriage, the get, requires the agreement of both parties. Although the dire possibility of divorce is an unpleasant intrusion in the great joy of a wedding, signing of a prenuptial agreement deserves consideration. Unfortunately, the get has become a tool for expression of anger and revenge and a weapon in the hands of one member of the couple who refuses to grant or receive the get and thus locks in (‘anchors‘) the other party. Such anchoring is especially problematic for the woman since it prevents her remarriage. Currently in Israel there is no requirement to sign a prenuptial agreement but signing such a document demonstrates solidarity with women who are suffering having been refused a divorce. In addition to these agreements, there are various financial agreements directed at similar situations; they may be signed in a civil or religious court.

For initial counseling on pre-nuptial agreements, call the ITIM hotline 1-700-500-507

Example: Prenuptial Agreement

I, the undersigned _______________ husband to be, hereby obligate myself to support my wife ____________________ in the manner of Jewish husbands who feed and support their wives loyally. If, God forbid, we do not continue domestic residence together for whatever reason, then I now obligate myself to pay her _________ per day, for food and support from the day we no longer continue domestic residence together, and for the duration of Jewish marriage. I furthermore waive my halachic rights to my wife’s earnings for the period that she is entitled to the above-stipulated sum. However, this obligation shall terminate if my wife refuses to appear upon due notice before the Bet Din of ____________ or any other Bet Din specified in writing by that Bet Din before proceedings commence, for purpose of a hearing concerning any outstanding disputes between us, or in the event that she fails to abide by the decision or recommendation for such Bet Din. I execute this document as an inducement to the marriage between myself and my wife to be. The obligations and conditions contained herein are executed according to all legal and halachic requirements. I acknowledge that I have effected the above obligation by means of a kinyan (formal Jewish transaction) I the undersigned wife-to-be acknowledge the acceptance of this obligation by my husband-to-be. __________________ groom __________________ bride