The effectiveness of (Rabbinic) prenuptial agreements in preventing marital captivity

Abstract Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish bill of divorce, in order to end their Jewish marriage, which has a legal existence independent of their civil marriage and is not ended by a civil divorce. Since around 1960, there have been man...

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Bibliographic Details
Published in:International journal of constitutional law 2020-10, Vol.18 (3), p.944-964
Main Author: Broyde, Michael J
Format: Article
Language:English
Subjects:
Agreements
Civil marriage
Contracts
Divorce
Jewish law
Marriage
Prenuptial agreements
Research methodology
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Summary:Abstract Jewish law (also known as Halakha) requires that a man give and a woman receive a get, a Jewish bill of divorce, in order to end their Jewish marriage, which has a legal existence independent of their civil marriage and is not ended by a civil divorce. Since around 1960, there have been many attempts to solve this problem of marital captivity in North America. American prenuptial agreements (PNAs) best address this problem of Orthodox Jewish husbands withholding a get. This article explains why Jewish law prefers contract-based solutions over legislative or judicial solutions and presents empirical research on which type of PNA best solves this problem in America.
ISSN:1474-2640
1474-2659
DOI:10.1093/icon/moaa067