CWJ Prenup Training for Jerusalem Attorneys

08/12/2014

The acclaimed Israeli movie Gett is raising new public awareness about the frightening and all-too-real possibility of get refusal in Israel today. As a result, a growing number of couples are contacting CWJ about the possibility of signing a prenuptial agreement to prevent get refusal. CWJ has recently updated its singularly-designed prenup, which is more straightforward than other agreements designed to prevent get refusal, covers a wider range of halakhic scenarios and provides more tools for dissolving marriages.

Complementing these revisions, CWJ has added a practical presentation on “Prenuptial Agreements for Preventing Get Refusal” to its educational seminars for Israeli attorneys.   One such workshop took place in December 2014. The Jerusalem Bar Association partnered in the training by providing venue, refreshments, printing and marketing support.  CWJ Director Dr. Susan Weiss guided some 60 attorneys through a review of three different types of prenuptial agreements. These included: (1) agreements which provide financial incentive for giving a get should the marriage break down; (2) those which circumvent the need for the husband to deliver a get; and (3) those that declare a couple’s express intent not to enter into a halakhic marriage.

Reviewing the historical background and halakhic grounding of each type of prenup, Dr. Weiss presented examples, discussing the benefits and drawbacks of each one. She also introduced participants to CWJ’s prenup, the “Contract for a Just and Fair Marriage,” as well as its “Covenant of Love Agreement” – an alternative marriage contract in concert with the third point above.

“This was just what I needed,” asserted one participant. “A client is coming to my office tomorrow to sign such an agreement.” Other attorneys were surprised to discover related issues that they had never even considered. “I was shocked to learn that even today, the rabbinic courts still require widows who are childless to undergo halizah,” remarked one veteran attorney, referring to the ancient halakhic ceremony in which the brother-in-law of a childless woman whose husband has died releases her from the obligation to marry him.

Thanks to the supporters of our legal education seminars, these attorneys are better equipped to help their clients avoid get refusal situations, and to play a role in bringing about a new reality of fairness and equality for women in Israel. CWJ extends gratitude to the David Berg Foundation, Greater Miami Jewish Federation Women’s Amutot Initiative, Jewish Women’s Fund of Atlanta, Jewish Women’s Foundation of South Palm Beach County, the Miriam Fund and the Tikkun Olam Women’s Foundation of Greater Washington. We also thank the donors whose general support provides a secure foundation for advancing this key project.