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A well-written and properly-executed halakhic prenuptial agreement is, many argue, a possible means of ensuring fair and lawful proceedings in the event of a divorce. The following materials explore the history and role of pre-nuptial agreements in preventing agunot. The materials also explores the differences in the variety of pre-nuptial agreements available. Click here for links to Israeli and American prenuptial agreements.
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Levmore, Rachel
"Get-Refusal and the Agreement for Mutual Respect: Israel Today," Levmore, Rachel. HĚŁakirah, the Flatbush Journal of Jewish Law and Thought, 9, 2010, 173-190.
Synopsis: Rabbinical Court Advocate, Rachel Levmore, is the coordinator for Iggun and Get-refusal for the Council of Young Israel Rabbis in Israel and the Jewish Agency. She reviews the halakhic problems with get-refusal and the implementation of prenuptial agreements in the rabbinic court system in Israel today. She also gives an extensive overview of the existing literature on the topic, especially within the Israeli court system.
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Levmore, Rachel
"The Pre-Nuptial Agreement for the Prevention of GET-Refusal," Levmore, Rachel. JOFA Journal, Summer, 2005, 4-8.
Synopsis: Rachel Levmore explains the importance of signing a pre-nuptial agreement and also spells out some of the flaws with the current document.
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Levmore, Rachel
"Rabbinic Responses in Favor of Prenuptial Agreements," Levmore, Rachel. Traditon, 42:1, Spring, 2009.
Synopsis: Rabbinical Court Advocate Rachel Levmore seeks to inform the public about the extent of acceptance, amongst the rabbinical world, of prenuptial agreements designed to prevent the phenomenon of get-refusal. She presents a number of relevant responsa, dating from the mid-20th century to the present, offering direct access to information and sources which have, to date, been largely concealed from the public eye or ignored. She concludes by reiterating the value of signing the Agreement for Mutual Respect, of which she is one of the authors.
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ADDITIONAL READING
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"Get Real with a Pre-Nup," Na'amat, 16:2, 2001, 21.
Synopsis: This article discusses the importance of sigining a prenuptial agreement and how it prevents the difficult realities that face so many agunot, both in Israel and out.
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Abel, Yehudah
"Hafqa'ah, Kefiyyah, Tena'im," Abel, Yehudah. Center for Jewish Studies at the University of Manchester, June, 2008.
Synopsis: The author presents halakhic material about annulment of marriage, coerced divorce, and conditions in marriage.
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Bleich, David J
"A Suggested Antenuptial Agreement: A Proposal in Wake of Avitzur," Bleich, David J. JHCS, 7, 1984, 25-41.
Synopsis: This article addresses the legal ramifications of how effective a prenuptial agreement can be when challenged in secular courts. It analyzes the case of Avitzur vs. Avitzur and points out the ramifications this case has on solving the problem of the agunah.
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Reiss, Jonathan and Broyde, Michael J.
"Prenuptial Agreements in Talmudic, Medieval, and Modern Jewish Thought," Reiss, Jonathan and Broyde, Michael J.. Marriage, Sex and Family in Judaism: The Past, Present, and Future, Broyde, Michael J. and Ausubel, Michael, eds., 2005, 192-213.
Synopsis: The authors present a detailed analysis of the long tradition of prenuptial agreements in Judaism, with an emphasis on their use today.
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Shindler, Julian
"The Cure Before the Malady? Pre-nuptial Agreements and Jewish Divorce," Shindler, Julian. Le'ela, 42, 1996.
Synopsis: Julian Schindler examines the necessity of pre-nuptial agreements through an investigation into the laws of get and divorce.
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Weiss, Susan Metzger
"Sign at Your Own Risk: The ?RCA? Prenuptial May Prejudice the Fairness of Your Future Divorce Settlement," Weiss, Susan Metzger. Cardozo Women?s Law Journal, 6:49, 1999, 49-101.
Synopsis: Various prenuptial agreements have been proposed to offset the power given to men over women in Jewish divorce law. This article analyzes the prenuptial agreement recommended by the RCA (Rabbinical Council of America), in contrast to other prenuptial agreements, and discourages its signing in favor of other agreements that better protect and promote the interests of Jewish women. Since publication of the article in 1999, many changes have been made to the various prenuptial agreements that have been suggested for use by couples about to marry. The reader should carefully examine the available options before choosing the most appropriate one and not rely solely on any one opinion. This article is valuable in that it makes the reader aware of important details and considerations in selecting (and possibly modifying) a prenuptial agreement.
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"The Agunot Campaign".
Synopsis: This website contains material about and for agunot, particularly aimed at British Jews. A prenuptial agreement offered by the Chief Rabbi of Britain is provided.
www.agunot-campaign.org.uk/index.htm
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"The Orthodox Caucus Website - Prenuptial Information".
Synopsis: The Orthodox Caucus is a coalition of rabbis, professionals, and lay leaders who combine halakhic responses with communal implementation to address challenges facing contemporary Orthodox Jews.
www.ocweb.org/index.php/pre_nuptial/
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"The JewishPrenup.org Website".
Synopsis: Signing a prenuptial agreement will take five minutes of your time and can save countless women from becoming agunot. JewishPrenup.org provides links to the prenups used in America and in Israel.
www.jewishprenup.org
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"The Council of Young Israel Rabbis in Israel".
Synopsis: The prenuptial Agreement for Mutual Respect, plus explanatory material.
www.youngisraelrabbis.org.il/prenup.htm
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Bendheim, Gail
"Pre- and Post-Nuptial Agreements," Bendheim, Gail. JOFA 2nd International Conference. 1998.
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Greenberg-Kobrin, Michelle and Ilana Fodiman-Silverman
"Pre-Nuptial and Post-Nuptial Agreements: A Practical Approach," Greenberg-Kobrin, Michelle and Ilana Fodiman-Silverman. JOFA One Day Conference, New York.
Synopsis: Pre- and postnuptial agreements have become widespread as tools for combating the agunah problem. This workshop will look at some of the numerous agreement options and examine potenetial difficulties with enforceability in rabbinic and secular courts
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New sources are continually being added to JOFA.org. Check back often!
If you have a submission you would like us to consider, send it to
website@jofa.org.
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