Prenuptial Agreements: A Good Solution to a Difficult Problem

Prenuptial marriage protection agreements that accord with halakhah, or Jewish law, can help secure a woman's freedom to remarry in case of a divorce.

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However, since even the Rema and Taz concede that this is valid only post facto and there are authorities who disagree with their conclusions, agreements must be drafted that avoid the possibility of creating an ones mamon.

The above discussion makes it clear that the halakhic parameters in which these agreements are drafted are very complex. A competent and recognized beit din will not execute a get if the husband is cooperating in the process as a result of an improperly drafted marriage protection agreement. And if for some reason a get results from the enforcement of a halakhically invalid agreement, the get will be worthless, and the parties will still be considered husband and wife.

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Viva Hammer

Viva Hammer is a tax attorney in Washington, D.C. She was the co-founder and director of the Wedding Resource Center, which was established with the goal that no Jewish marriage take place without a Marriage Protection Agreement. She has written for The Washingtonian, Lilith, Jewish Action, Los Angeles Jewish Journal, and many other places.