The Beth Din of America Prenuptial Agreement
The Beth Din of America Prenuptial Agreement is the most effective tool available to solve the agunah problem.
Click here for the latest version of the Beth Din of America Prenuptial Agreement. Click here for other forms and related documents.
Provisions of the Prenuptial Agreement
The agreement contains a support obligation that formalizes the husband’s obligation under Jewish law to financially support his wife, thus providing an incentive for the timely delivery of a get in the event the marriage fails.
Why Couples Should Sign the Prenuptial Agreement
Couples who sign the Prenuptial Agreement demonstrate their opposition to the improper withholding of a get following the breakup of a marriage. The execution of the Prenuptial Agreement by a couple prior to their marriage is also an act of mutual commitment – an affirmation that even in the worst of circumstances, they will treat each other with decency and respect, and will comply with the requirements of Jewish matrimonial law.
Wide Acceptance of the Prenuptial Agreement
The Prenuptial Agreement was developed by Rabbi Mordechai Willig in the 1990’s, based on a precedent contained in the Sefer Nachalas Shiva. The Prenuptial Agreement has been approved for use by leading halachic authorities in America and Israel, including Rabbi Gedalia Dov Schwartz (Av Beth Din of the Beth Din of America), Rabbi Ovadia Yosef, Rabbi Zalman Nechemia Goldberg, Rabbi Yitzchok Liebes and Rabbi Chaim G. Zimbalist. In December of 1999, eleven prominent roshei yeshiva at the Rabbi Isaac Elchanan Thelogical Seminary at Yeshiva University issued a proclamation calling for the increased utilization of the Prenuptial Agreement. In 1994, the Rabbinical Council of America passed a resolution urging the use of the Prenuptial Agreement, and a 2006 RCA resolution provided that, “no rabbi should officiate at a wedding where a proper prenuptial agreement on get has not been executed.”
Postnuptial Agreement
Couples who did not enter into the Prenuptial Agreement prior to their marriage may sign a postnuptial form of the agreement, available here.