When planning a Jewish wedding, most couples focus on the ketubah, the chuppah, and the celebration. But there’s another document that deserves serious attention—one that could protect a wife from becoming an agunah and ensure both parties can move forward with their lives if the marriage ends: the Orthodox Jewish prenuptial agreement.
At our Brooklyn Heights practice, we’ve helped numerous Orthodox Jewish couples draft prenuptial agreements that work alongside their religious commitments, not against them. Here’s what every couple considering marriage within the Orthodox community needs to understand about this important document.
What Is an Orthodox Jewish Prenuptial Agreement?
An Orthodox Jewish prenuptial agreement—often called a “halakhic prenup”—is a legally binding contract that addresses the unique intersection of Jewish religious law (halakha) and civil divorce proceedings. Unlike a standard prenup that focuses primarily on asset division, the halakhic prenup has a specific and vital purpose: ensuring that a religious divorce (get) will be given when a civil divorce is granted.
In Jewish law, a marriage can only be dissolved through a get—a religious divorce document that the husband must give to the wife. Without this get, a woman remains married under Jewish law regardless of her civil divorce status. This creates a devastating situation where a woman becomes an “agunah”—literally “a chained woman”—unable to remarry within the Jewish community.
Why Every Orthodox Couple Needs This Protection
The Agunah Crisis
The agunah problem is not theoretical. Across the Orthodox Jewish community in New York, New Jersey, and worldwide, there are women who have been civilly divorced for years but remain religiously bound to husbands who refuse to grant them a get.
Prevention Is Better Than Cure
In my experience working with Orthodox families in Brooklyn—including Crown Heights, Williamsburg, Borough Park, and Flatbush—couples who sign a halakhic prenup before marriage rarely face get refusal issues later. The document removes the get as a bargaining chip and establishes clear expectations from day one.
How the Halakhic Prenup Works
1. The Arbitration Agreement
The prenup includes an agreement to submit all matters relating to the get to a specified Beth Din (rabbinical court), typically the Beth Din of America. Both parties agree to appear when summoned, abide by decisions, and cooperate fully in the get process.
2. The Support Obligation
The prenup typically includes a provision where the husband agrees to pay the wife a specific daily sum (often $150 per day) for each day that they remain married but live separately. This creates a financial incentive to complete the religious divorce promptly.
The Beth Din of America Prenup
The most widely used Orthodox Jewish prenuptial agreement is the one developed by the Beth Din of America. This document has been reviewed and approved by leading Orthodox rabbinical authorities and tested in civil courts.
Civil Law Considerations in New York
New York courts have consistently enforced halakhic prenuptial agreements as civil contracts. The landmark case Avitzur v. Avitzur (1983) established that courts can enforce agreements to appear before religious tribunals.
Working with an Attorney
At Neuhaus & Yacoob, we have particular expertise in this intersection of religious and civil law, having helped numerous Orthodox couples in Brooklyn, Manhattan, and throughout the NY/NJ area.
Schedule a consultation: Call (718) 975-1123 or contact us through our website.