Prenuptial Agreements

Halachic Prenuptial Agreement • הסכם אהבה  • הסכם הסכם לכבוד הדדי

The Get (גט) is the Jewish decree of divorce. It can only be granted by a husband to his wife. This means that if a woman wishes to get divorced and her husband refuses, she will remain married against her will, making her an Agunah – chained woman (עגונה).

There have been cases in which a man has no contact with his wife, even moving abroad and building an entirely new life, yet still refuses to grant his wife a divorce.

A woman in this situation cannot get married to another man, and if she bears a child from another man, that child will be considered a “mamzer” (illegitimate) according to Jewish law.

Many couples decide to sign a Halachic Prenuptial Agreement, which puts financial pressure on the party that refuses to cooperate in the divorce proceedings.

This can be called a Mutual Respect Agreement (הסכם לכבוד הדדי) or Love Agreement (הסכם אהבה). This is not the same as a financial prenuptial agreement – this document strictly deals with the issue of Get refusal.

In essence, the document requires that couples wishing to divorced attend counseling for a set period of time. If after that period of time, one spouse still wants to end the marriage and the other spouse refuses to cooperate, the spouse who refuses to allow the divorce to move ahead will pay a monthly penalty fee to the “chained” spouse.

While this document cannot be used in the Rabbinute to force a divorce, it is legally enforceable in civil court in Israel – meaning that a Get refuser will be seriously burdened financially until they grant the Get.

Tzohar offers a legally enforceable, Halachic Prenuptial Agreement. The text can be found here and explanations for its Halachic validity and creation can be found here.

Orthodox women’s organization Kolech also has information about Halachic Prenuptial Agreements here.

The page is in Hebrew but an excellent resource – they do have English speakers on staff so you can also reach out to the organization directly with questions.

It’s critical that you consult with a lawyer before signing a prenuptial agreement, whether Halachic or strictly legal.

Legal & Financial Prenuptial Agreements (Asset Protection)

Speaking of lawyers, you may consider going with your beloved to an attorney and drawing up your own personal financial agreement.

It may sound less than romantic, but it’s important that you have clear expectations in the event of a divorce, protect your assets, or conversely, agree on sharing your assets in the future, etc. Prenuptial agreements are legally valid and enforceable in civil court in Israel – again, you must consult with a lawyer for further information.