הסכם קדם נישואין: הסכם לכבוד הדדי
The prenuptial agreement addresses a common problem—that of get-refusal. The modern-day agunah has requested the dissolution of her marriage in the proper halakhic manner but has met up with her husband’s flat refusal, laying down of unreasonable conditions, extortion or even resistance to stepping into a Rabbinical court. She is prevented from remarrying within Judaism. The natural progression of her life is broken, affecting her day-to-day life, her children’s development and her extended family. This, in turn, has a negative effect on Jewish society, which is founded on the building blocks of healthy family units. It is in that society’s interest to prevent these situations, which unfortunately, are not anomalous. Hence the recommendation to every soon-to-be married couple to sign a prenup.
The agreement developed in Israel , called the Heskem L’Kavod Hadadi—the Agreement for Mutual Respect, essentially works on the principle of spousal support in the case of recalcitrancy. In this case the obligation is mutual. The community property law of the State of Israel is accepted as halakha for those that sign the agreement. The concept of the ketubah is even strengthened. In short, this is a mutual agreement which is drawn up in accordance with the halakha. It is an educational tool as much as it is an agreement for the prevention of get-refusal.
It is specifically at this time, at the beginning of the marriage, that a window of opportunity exists through which a couple may set out together with confidence on the path of happiness, founded on trust. A prenuptial agreement allows good people to maintain their goodness and their respect for themselves and for each other. Signing the Agreement for Mutual Respect serves three aims: personal insurance for the couple that signs; social action through the dissemination of the agreement and its increasing acceptance amongst society; and the paving of the way for further solutions to the problem of the modern-day aguna.
About:
The team of authors of the Heskem L’Kavod Hadadi consists of two Rabbis and a Rabbinical Court Advocate -- Rabbi Elyashiv Knohl, Rabbi David Ben Zazon and Rabbinical Court Advocate Rachel Levmore—who consulted with tens of experts in various fields (dayanut, law, women’s organizations, psychology). This particular agreement is recommended by concerned organizations, such as the Council of Young Israel Rabbis, Yeshivat HaKibbutz HaDati, Kolech and Itim. See http://www.youngisraelrabbis.org.il/prenup.htm
(read less)הסכם קדם נישואין: הסכם לכבוד הדדי
The prenuptial agreement addresses a common problem—that of get-refusal. The modern-day agunah has requested the dissolution of her marriage in the proper halakhic manner but has met up with her husband’s flat refusal, laying down of unreasonable conditions, extortion or even resistance to stepping into a Rabbinical court. She is prevented from remarrying within Judaism. The natural progression of her life is broken, affecting her day-to-day life, her...
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