Jewish Prenuptial Agreement

A prenuptial agreement can enforce the standards of Jewish law.

The Torah provides limited guidelines for the Jewish prenuptial agreement, but later Rabbinic authorities in the Mishnah and the Talmud expanded the concept in the form of the "ketubah," a type of Jewish marriage contract.

The Ketubah

The ketubah is a legal document mandated for Jewish marriages. The husband takes on certain obligations, financial and otherwise, both during the marriage and in the event that the marriage ends in divorce. It represents a significant advance for women's rights in marriage, particularly by the standards of the ancient and medieval world, but it does not alter the basic fact that only the husband has the right to initiate divorce proceedings.

Get-refusal and the Prenuptial Agreement

The principal reason for a Jewish prenuptial agreement is to address the unfortunate situation of the "agunah," a woman who is separated from her husband but unable to remarry because he refuses to issue her a "get," or bill of divorce. Although the Jewish court can pressure the recalcitrant husband to cooperate, it cannot force him to comply. Modern prenuptial agreements are specifically designed to address such situations.

Postnuptial Agreements

Many Jewish organizations, including the Beth Din of America, also advocate the adoption of the "postnuptial agreement" for couples who did not adopt a prenuptial agreement before their marriage. This document, which is in conformity with Jewish law, is a concrete demonstration of a couple's commitment to the dignity of the wife in the event of a divorce.

References

• Jewish Orthodox Feminist Alliance: Prenuptial Agreements
• Beth Din of America: Prenuptial Agreement
• Jewish Art: The Ketubah