Majority Of Modern Orthodox Rabbis In U.S. Have Couples Sign Halachic Prenup

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The Beth Din of America released a new study showing that 84-percent of modern Orthodox Rabbis in the U.S. today have the couples they marry sign a prenup in advance of the wedding.

The halachic prenup is a document signed by a man and woman prior to their marriage. It provides that in the event of divorce, the Beth Din will have proper authority to ensure that a get is not used as a bargaining chip.

Since its introduction the prenup has withstood challenges on a number of fronts. In 2012, a Connecticut court upheld the agreement in a reasoned opinion that spelled out its constitutionality. In the early days of the prenup, some objectors complained that introducing a document about divorce to young couples will inevitably undermine the strength of their marriages. But a 2017 article published in a peer reviewed journal described the results of a broad-based marital satisfaction study that showed, if anything, just the opposite. The study demonstrated, “a higher level of marital satisfaction among those who signed the religious prenuptial agreement, and no significant difference in marital adjustment or tendency to consider divorce between groups of individuals who signed or did not sign the religious prenuptial agreement.”

The Beth Din of America surveyed the Rabbinical Council of America membership.

“Virtually every case at the Beth Din in which a prenup has been presented has been resolved with a timely and unconditional get. The prenup has worked to insulate the get from being used as a tool for advantage even in the most contentious cases, where husbands and wives have used everything at their disposal to wage war against each other,” said Beth Din of America Director Rabbi Shlomo Weissman, Esq.

Many preeminent poskim have expressed their opposition to the so-called “halachic pre-nup.”

{Matzav.com}

6 COMMENTS

  1. So called-Rabbi Asher Weiss Rabbi Hershel Schacther Rabbi Willig Rabbi Zalman N Goldberg. Say others disagree but do not add your sarcasm.

  2. “some objectors complained that introducing a document about divorce to young couples will inevitably undermine the strength of their marriages”

    I guess these objectors will object to a כתובה as well.

    • Wowa! The purpose of the Kesuba is too make it very difficult for the man to divorce his wife. It imposes a huge penalty on the husband, should he choose to divorce his wife (without halachic justification). This prenup does precisely the opposite! The purpose of this prenup is to circumvent and undo the difficulty that Hashen instilled for a woman to break up her marriage without proper halachic justification.

  3. Without discussing the halacha issues involved I don’t see why any man would be such a fool as to sign the prenup agreement.

    The ones that I have seen basically say the following: If the husband walks out on the wife for any reason he is subject to all sorts of sanctions until the get is given. If the wife walks out on the husband…
    he is subject to the exact same sanctions!

    Why would any man sign it? Unless he is some young naive choson who doesn’t realize the implication of what he is signing.

    • The ones that I have seen basically say the following: If the husband walks out on the wife for any reason he is subject to all sorts of sanctions until the get is given. If the wife walks out on the husband…
      he is subject to the exact same sanctions!

      I actually question the halachic validity of the prenup because of this reason.

      When I was a Choson many years ago had I been told by the Mesader Kiddushin to sign such a thing either I would have signed without reading it or I would have resented it, but like a good little boy, I would have signed under pressure.

      There is no way I would have willingly signed such a thing understanding what it means.

      As a parent with children in Shidduchin today, I would never want my son to sign such a one-sided agreement. If his Mesader Kiddushin would insist he would end up signing anyway.Because his naivete is being exploited

  4. and no significant difference in marital adjustment or tendency to consider divorce between groups of individuals who signed or did not sign the religious prenuptial agreement.

    Really?? The divorce rate among Modern Orthodox is not significantly higher than among true Yeshiva graduates and Chassidish couples?

    Rated: 27 Pochanoches

    84-percent of modern Orthodox Rabbis in the U.S. today have the couples they marry sign a prenup in advance of the wedding

    What percentage of Shomer Shabbos Jews does this include? If it includes fewer than 15% of Shomer Shabbos Jews, then this is highly misleading.

    Rated: 18 Pochanoches

    The prenup has worked to insulate the get from being used as a tool for advantage even in the most contentious cases, where ….. wives have used everything at their disposal to wage war against each other,” said Beth Din of America Director Rabbi Shlomo Weissman, Esq.

    In the famous FBI sting of 2013, Rabbi Weissman had issued a siruv against a non-existent “husband”, just based on the say-so of the so-called wife and brother (FBI undercover agents). He did not bother making sure that the husband exists, and he certainly did not make sure that “husband” received his letters. The FBI was so certain of him, that they did not even bother having an undercover agent serve as the supposed husband.

    Rated: 2000 Pochanoches

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