Jewish prenuptial agreement

Halakhic background

Jewish law requires a husband to willingly give a get to his wife for a divorce to be valid. Without his consent, no court can force him. Historically, an agunah was a woman whose husband disappeared. Today, the term often refers to women whose husbands are alive but refuse to grant a divorce. This creates a situation where the woman cannot remarry according to religious law.

Historical development

The first known agreement to prevent get-refusal was created in Morocco in 1953. It gained wider approval in Jerusalem by 1981. In the United States, the Rabbinical Council of America passed a resolution in 2006 stating that rabbis should not officiate at weddings without such an agreement. This move aimed to standardize the practice across the Orthodox community.

Preventive solutions

In the US, the Beth Din of America agreement uses binding arbitration. It imposes financial obligations on the groom if he refuses to grant a get. Conservative Judaism uses the Lieberman clause, attached to the marriage contract. This clause requires both parties to appear before a rabbinical court if civil divorce proceedings begin. Both methods aim to enforce cooperation through legal and religious pressure.

Mutual respect agreements

Israel developed the Heskem L’Kavod Hadadi, or Agreement for Mutual Respect. This version makes the financial obligation mutual for both bride and groom. If one spouse refuses the divorce, they must pay support. The agreement also includes clauses for marital therapy and accepts Israeli community property law as halakha. It has been translated into several languages.

How Jewish prenuptial agreement is kept

Couples sign the agreement before the wedding ceremony. The contract outlines specific rules for handling a potential divorce. It usually involves a monetary penalty for the spouse who refuses to grant or accept a get. This financial consequence encourages both partners to negotiate a dignified separation. The agreement is enforced by a rabbinical court or through civil courts as a binding arbitration contract.

When and where

The agreement is signed during the betrothal stage, before the wedding ceremony takes place. It does not have a specific seasonal date but is required prior to the marriage ritual itself.

The practice is most common in Israel, the United States, and the United Kingdom. It is strongest within Orthodox and Conservative Jewish communities where religious divorce laws are strictly observed.

What Jewish prenuptial agreement means

The agreement symbolizes a commitment to mutual respect and dignity even in separation. It reflects the value placed on preventing harm to either spouse. By setting clear rules beforehand, the couple aims to avoid the powerlessness and suffering associated with get-refusal.

Who takes part

• The bride and groom: Sign the agreement to accept its terms before marriage
• Rabbinical judges: Serve as arbitrators to enforce the agreement if needed
• Rabbis: Officiate the wedding only after confirming the agreement is signed

Then and now

The use of prenuptial agreements is growing among Jewish couples. Many rabbis now require them before officiating. Some communities continue to debate their halakhic validity, but the trend toward standardization is strong.

Questions people ask about Jewish prenuptial agreement

See also

Marriage in CyprusA destination for civil and religious weddings that allows interfaith couples to marry outside their home laws.Nikah halalaA second marriage required for a woman to remarry her first husband after triple talaq.NikahThe Islamic marriage contract that establishes a binding union between two people.KetubahThe Jewish marriage contract that outlines the groom's financial and personal obligations to the bride.

Good reading and sources

• Jewish prenuptial agreement on WikipediaEncyclopedia
• Wikidata recordOpen data

It may contain mistakes. Wedding customs differ from one family, village and community to the next, and the people who keep them know them best. If something is wrong, tell us. Last refreshed 2026-10-05.