2008 Woodie Awards
Prenups Preserve Women's Futures
Raquel Amram
Issue date: 4/15/08 Section: Opinion
In our Stern College environment, where, thank God, we are consistently sharing the joyous news of engagements and marriages, it can be difficult to conceive of divorce. When we do hear of tragic agunah (chained wife) cases, we cannot help but wonder-how could this come about? At one point the parties had loved each other. How could their marriage end on such bad terms, so much so that the husband wishes to ruin her life forever? When we see fairy tale endings in movies, we tend to envision that our lives will end up happily ever after. However, that undesirable and unthinkable alternative of an ugly divorce, is also possible.
The idea of a prenuptial agreement, which makes the get (halakhic divorce contract) legally binding in secular courts during divorce, is a brilliant innovation. As dictated by the Rabbinical Council of America, in June 1993, "Every member of the Rabbinical Council of America will utilize prenuptial agreements, which will aid in our community's efforts to guarantee that the get will not be used as a negotiating tool in divorce procedures." Basically, under the legal system that the prenup enacts, it is stated that the husband is legally obligated to give his wife a get upon divorce. Since nowadays the beit din (halakhic court) cannot force the husband to give his wife a get, the prenuptial agreement provides a way to use the legal system and reap the benefits from it.
I had the merit of being introduced to the idea of prenuptial agreements by the leading force behind the movement, Rabbi Mordechai Willig. Rabbi Willig has drafted a recommended text to be used for prenups, which is approved by many other halakhic decisors. His approach to the issue uses halakha to defend the institution of a prenuptial agreement and rebuts potential criticisms of its halakhic validity. According to him, prenups are not merely halakhically permissible; they are crucially important.
There are several ways in which one can use the U.S. legal system while still abiding by halakha in Jewish marriages. First, a couple can translate their ketubah (marriage contract) into English and notarize it with witnesses. This will force the husband to pay the amount dictated in the ketubah after a divorce. However, since the monetary sum listed on a normal ketubah amounts to nothing substantial, it does not solve the issue of agunot.
The idea of a prenuptial agreement, which makes the get (halakhic divorce contract) legally binding in secular courts during divorce, is a brilliant innovation. As dictated by the Rabbinical Council of America, in June 1993, "Every member of the Rabbinical Council of America will utilize prenuptial agreements, which will aid in our community's efforts to guarantee that the get will not be used as a negotiating tool in divorce procedures." Basically, under the legal system that the prenup enacts, it is stated that the husband is legally obligated to give his wife a get upon divorce. Since nowadays the beit din (halakhic court) cannot force the husband to give his wife a get, the prenuptial agreement provides a way to use the legal system and reap the benefits from it.
I had the merit of being introduced to the idea of prenuptial agreements by the leading force behind the movement, Rabbi Mordechai Willig. Rabbi Willig has drafted a recommended text to be used for prenups, which is approved by many other halakhic decisors. His approach to the issue uses halakha to defend the institution of a prenuptial agreement and rebuts potential criticisms of its halakhic validity. According to him, prenups are not merely halakhically permissible; they are crucially important.
There are several ways in which one can use the U.S. legal system while still abiding by halakha in Jewish marriages. First, a couple can translate their ketubah (marriage contract) into English and notarize it with witnesses. This will force the husband to pay the amount dictated in the ketubah after a divorce. However, since the monetary sum listed on a normal ketubah amounts to nothing substantial, it does not solve the issue of agunot.
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