When Orthodox Jewish couples prepare for marriage, they often hear about two different types of prenuptial agreements: the “traditional” or “civil” prenup that addresses financial matters, and the “halakhic” prenup with its GET clause that addresses religious divorce. Understanding the differences—and why you might need both—is essential.
Traditional (Civil) Prenuptial Agreement
A traditional prenuptial agreement is a contract that addresses what happens to assets, income, and financial obligations if divorce occurs.
What It Covers
Asset division: How property will be divided
Spousal support: Alimony terms
Business interests: Protection for family businesses
Debt allocation: Who is responsible for debts
What It Doesn’t Cover
Child custody or support (determined at time of divorce)
Religious divorce: A traditional prenup doesn’t address the get
The Halakhic Prenup (GET Clause)
The halakhic prenuptial agreement addresses ensuring that a religious divorce (get) will be given when the civil marriage ends.
What It Covers
Get cooperation: Commitment to participate in the religious divorce process
Beth Din arbitration: Agreement to submit disputes to a rabbinical court
Support obligation: Financial consequences ($150/day) for failing to complete the get
What It Doesn’t Cover
Asset division, spousal support amounts, debt allocation, or business protection
Side-by-Side Comparison
Traditional Prenup: Addresses finances | Enforced by civil court | Anyone can use
Halakhic Prenup: Addresses get/religious divorce | Beth Din + civil court | Orthodox Jewish couples
Why Orthodox Couples Often Need Both
Many Orthodox Jewish couples benefit from having both documents. The halakhic prenup alone doesn’t protect significant assets or define support terms. The traditional prenup alone doesn’t protect against becoming an agunah.
The best practice is to have both documents, drafted to work together.
Ready to discuss your prenuptial agreement needs? Contact our Brooklyn Heights office at (718) 975-1123.