PRENUPTIAL AGREEMENTS

Prenuptial agreements which organize the financial management of the newly established family have become more and more acceptable amongst the general Israeli public in recent years. In this regard it is important to point out that a financial prenuptial agreement is essentially an ancient Jewish custom - as also the Ketubah is a contractual arrangement.

Taking into consideration these two points, during the last few decades, prenuptial agreements have been developed in order to enable the woman to be released from the bonds of matrimony in cases where the man does not agree to a divorce. Already in the middle of the previous millennium, rabbis in the Diaspora have encouraged marrying couples to sign a prenuptial agreement in order to later avoid get recalcitrance. In Israel, signing these types of agreements has become more acceptable in the last decade.

As Jewish Law states that the man is the one who decides if and when to give the get, the prenuptial agreement tries to even out the unequal division of power between the spouses. This is done by creating a financial incentive - according to which if the man refuses to give the get, he is obligated to pay increased spousal support to the woman until he gives the get. This type of agreement obligates the couple both in a contractual - legal manner and by Jewish law. ICAR believes that couples who sign the prenuptial agreement to avoid get recalcitrance are less likely to reach the point of get recalcitrance at the time of divorce. Moreover, the signing of the prenuptial agreement to avoid get recalcitrance signifies the commitment of the couple to base their marriage on values of equality, respect and fairness.