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.”