A Jewish marriage can be dissolved only through a religious writ of divorce, called a get. For a get to be valid according to Jewish law, the husband must give it and the wife must receive it - both of their own free will. Thus, the get can become a weapon in the hands of individuals who want to manipulate a divorce settlement in their favor, or act out feelings of bitterness against their spouse.
The effects of get abuse can be devastating. Most often, women are the hapless victims of recalcitrant husbands who refuse to give a get. That leaves them endlessly locked in dead or abusive marriages or forced to succumb to extortionary demands.
The purpose of a prenuptial agreement, formulated in accordance with halakha, is to prevent blackmail by get refusal. In so doing, the prenup facilitates the dissolution of a marriage so that each partner can get on with their lives.
CWJ promotes the use of a prenuptial agreement that prevents the situation of recalcitrance. The contract enables couples to marry in accordance with the laws of Moses and Israel in a manner that does not compromise ideals of freedom, equality, autonomy and marital partnership. It protects against get extortion, as well as cases of the husband’s absence or inability to give a get. We draw upon traditional prenups that are based upon increased spousal support, as well as on such suggestions as Rabbi Broyde’s tripartite agreement. CWJ's prenup has the halakhic approbation of Rabbi Daniel Sperber.
Download CWJ's prenuptial agreement, the Agreement for a Just and Fair Marriage, here.
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