Jewish Prenuptial Agreement

THE BEST TOOL TO PREVENT GET REFUSAL THUS FAR

One of the best tools to prevent get refusal is the use of the prenuptial/arbitration agreement. Signed before the wedding takes place, it helps to ensure that the get will not be used as a bargaining chip to receive concessions, usually from the wife. 

In 2014, Esther Macner spearheaded the revision of the Beth Din of America(BDA) prenup, to conform with California law. Because California has very specific rules about prenuptial agreements, there is a special version of the prenuptial agreement specifically for California residents. The form must be signed by the bride, groom, and at least two witnesses, in the presence of a notary. 

We recommend that both, the BDA agreement and the Tri-Partite Agreement listed below, be signed before the wedding. The first is an arbitration agreement and the second is a conditional marriage prenup, in the event that the husband cannot be found or will not appear. 

The Beth Din of America

This is the first line of defense and will help in the majority of situations. 

 For full instructions and the form itself, please go to the Beth Din of America website. A full explanation of the prenuptial agreement and its halakhic basis can be found on the Beth Din of America's website, theprenup.org. Because of its effectiveness, this method of agunah prevention has been endorsed widely. See the full list of endorsements here. 

The Tri-Partite agreement

This will help protect couples in extreme cases, such as when the get refuser cannot be found.

 This agreement, proposed by Rabbi Michael Broyde, anticipates extreme cases, such as if the get refuser cannot be found. It uses a formula of three different halakhic principles (hence, tri-partite) to create an agreement based partially on stated conditions to the marriage. 

The proposed text can be found here: Tri-Partite Agreement

The underlying halakhic principles are set forth in this article by Rabbi Michael Broyde: A Proposed Tripartite Agreement to Solve Some Agunah Problems: A Solution Without Any Innovation

For more information about the Tri-partite agreement, please contact us.