For enfianced couples, the very words “prenuptial agreement” (or premarital agreement) can incite a level of concern. Men and women engrossed in deep love and powerful, passionate emotions for one another tend to avoid consideration of a legal document which basically defined, establishes the property and financial rights of each spouse in the event of a divorce. In each individual social, cultural, and religious circles, a premarital agreement can be referred to or written in its own manner, yet once signed by both parties, becomes legally binding.
In the Orthodox community for example, the “halachic prenup” isn’t as much about assets as it is about ensuring that the couple, under Jewish law, can obtain a religious divorce. This document, which dates decades back, helps to avoid challenging or abusive situations as well as reduce incidences of “agunot,” a Hebrew term for women who remain married against their will. Orthodox Jewish couples are required to both civilly and religiously divorce, however only men maintain the power to grant religious divorce called a “get.” When husbands refuse a get, wives are often not allowed to participate in religious ceremonies or worse, can be ostracized from the larger Orthodox community which can be not only very difficult for women but their children.
In a recent Wall Street Journal article, writer Melanie Grayce West reports on how both the halachic prenup and postnuptial agreements are gaining more traction in the youthful Orthodox community.
If you or your intended would like to meet to discuss the merits of a premarital agreement or halachic prenup, contact the Law Offices of Russell I. Marnell, P.C. as we can most certainly assist.
*The information contained in this blog is presented as general information and is not to be construed as legal advice to apply to any person or particular situation. Please keep in mind that the law is constantly changing and therefore you should always consult an attorney for legal advice based on the individual circumstances of your situation.