Agunah Prevention: How the Halachic Prenup Protects Jewish Women

In Jewish law, a marriage does not end until the husband gives — and the wife accepts — a Get, the Jewish bill of divorce. When a husband refuses to give a Get, his wife becomes an agunah: a "chained" woman, civilly divorced (or separated) yet unable to remarry within the faith, unable to move forward, and often held hostage in negotiations over money or custody. The modern answer to this problem is preventive: the halachic prenup, a short agreement signed before the wedding that makes Get-refusal financially untenable and legally consequential. This article explains how it works, why New York courts enforce it, and what engaged couples — and their parents — should know.

The Agunah Problem, Briefly

Under halacha, the Get must be given by the husband of his own free will. A civil court cannot grant it, and a Beis Din cannot simply issue it over his refusal. That asymmetry creates leverage: a recalcitrant husband can withhold the Get to extract concessions on equitable distribution, maintenance, or parenting time — or simply out of spite. New York has responded with its Get Laws (DRL § 253 and the 1992 amendments to DRL § 236(B)), which create real pressure inside a divorce action. But those statutes only reach so far, and they operate after the marriage has already broken down. The halachic prenup works earlier and more reliably — before there is any dispute at all.

What the Halachic Prenup Is

The most widely used version is the Binding Arbitration Agreement of the Beth Din of America, developed in the early 1990s under the leadership of Rabbi Mordechai Willig and endorsed across the Modern Orthodox world. Despite the nickname "prenup," it is not a financial prenuptial agreement — it does not divide property, waive maintenance, or address what happens to assets in a divorce. It does two things, and only two things:

• Binding arbitration before a Beis Din. Both parties agree in advance that if the marriage ends, disputes concerning the Get (and, if the couple elects, the Ketubah and related religious-law issues) will be decided by a designated rabbinical court — typically the Beth Din of America — whose decision is enforceable as an arbitration award in civil court.
• A daily spousal support obligation. The husband undertakes that, from the time the couple separates and for as long as they remain married under Jewish law, he will pay his wife a fixed daily support amount — $150 per day under the standard Beth Din of America form, indexed to inflation from the date of the marriage. The obligation ends when the marriage ends under Jewish law, that is, when the Get is given and received.

The arithmetic is the point. At $150 per day, a withheld Get costs more than $4,500 each month, indefinitely, on top of whatever a court orders in the civil divorce. Get-refusal stops being leverage and becomes a liability.

Why the Support Obligation — and Not a Penalty

A Get given under duress (get me'useh) can be halachically invalid, so the agreement is deliberately not drafted as a fine or penalty for refusing a Get. Instead, it restates and quantifies the husband's existing Jewish-law duty to support his wife for as long as they remain married. He can end the obligation at any time — by giving the Get his wife is entitled to receive. That structure is what allows leading rabbinic authorities to endorse the agreement and batei din to accept Gittin given under it, while simultaneously giving civil courts an ordinary, secular contract obligation they can enforce without touching religious doctrine.

Why New York Courts Enforce It

The halachic prenup was built for enforceability, and New York is the friendliest possible forum for it:

• Avitzur v. Avitzur, 58 N.Y.2d 108 (1983). New York's highest court held that the secular terms of a Ketubah — there, the agreement to appear before a Beis Din — are enforceable under "neutral principles of contract law." The same reasoning applies with more force to a standalone, carefully drafted arbitration agreement.
• Arbitration law. New York (CPLR Article 75) and federal law strongly favor arbitration. An award of the designated Beis Din — including a support award under the daily obligation — can be confirmed and enforced like any other arbitration award.
• Contract formalities. The agreement is signed and acknowledged with the same formality New York requires of marital agreements (DRL § 236(B)(3)) — in writing, subscribed, and acknowledged like a deed — which is precisely how we prepare and execute it for clients.
• The statutory backdrop. Even without a prenup, DRL § 253 requires a removal-of-barriers verification before judgment, and DRL § 236(B) lets the court weigh a barrier to remarriage in financial awards. The prenup adds a private, contractual layer on top of that public-law pressure. Read more in our guides to New York's Get Law and the Beis Din divorce process.

Protection Runs in Both Directions

Although the agunah problem overwhelmingly affects women, the standard form contains reciprocal features: both spouses agree to appear before the Beis Din and to abide by its decision, and the agreement can be signed in versions that address a wife who refuses to accept a Get. A properly counseled couple can tailor the scope — for example, whether the Beis Din's authority extends only to the Get or also to other disputes.

Already Married? The Halachic Postnup

Couples who married without a halachic prenup are not out of options. The same agreement exists in a postnuptial version, signed after the wedding, with the same support mechanism and arbitration commitment. Some communities organize signing events precisely for this purpose. If you are considering a broader postnuptial agreement — for financial reasons, after a reconciliation, or upon a business formation — the halachic postnup can be executed alongside it.

Community Adoption

The halachic prenup has moved from novelty to norm. In 2016, the Rabbinical Council of America resolved that its member rabbis must require a rabbinically sanctioned prenuptial agreement, where available, at every wedding at which they officiate. Roshei yeshiva, dayanim, and communal organizations across the spectrum have urged its use, and batei din report that Gittin in marriages with a signed prenup are completed dramatically faster, with far less abuse. In the communities we serve — Brooklyn, Monsey and Rockland County, and Kiryas Joel and Orange County — practice varies by community, and couples should consult their own rav alongside counsel.

Practical Guidance for Couples and Parents

• Sign early. Execute the agreement well before the wedding — not at the photographer's table. Timing, calm deliberation, and proper acknowledgment all strengthen enforceability.
• Execute it properly. New York-level formality — written, subscribed, and acknowledged like a deed — is cheap insurance. We prepare and supervise execution so the document holds up.
• Pair it with a financial prenup where appropriate. The halachic prenup deliberately leaves money and property alone. Couples with assets, business interests, or family wealth should consider a coordinated civil prenuptial agreement — drafted consistently, with independent counsel for each side.
• Keep the original. Store the signed original with your important papers and tell a trusted person where it is. A prenup no one can find protects no one.
• If you are already facing Get-refusal, preventive drafting is off the table, but leverage is not: the Get Laws, arbitration enforcement, and settlement sequencing all remain available. Speak with counsel promptly.

Frequently Asked Questions

Is the halachic prenup valid under Jewish law?

The Beth Din of America form was drafted specifically to satisfy halachic requirements — the support obligation reflects an existing Jewish-law duty rather than a penalty, which is why batei din accept Gittin given under it. Couples should confirm with their own rav, particularly in communities with differing customs.

Will a New York court really enforce it?

New York enforces properly executed arbitration agreements and marital agreements, and Avitzur upheld enforcement of religious-tribunal provisions on neutral contract principles. As with any agreement, enforceability depends on proper drafting, disclosure where required, and correct execution — which is exactly where experienced counsel matters. No attorney can guarantee an outcome, but this document has a strong track record.

Does the halachic prenup replace a regular prenup?

No. It addresses only the Get and related religious-law disputes. Property, maintenance, and inheritance rights require a separate civil prenuptial agreement. The two documents should be drafted to work together.

We're already married. Is it too late?

No — the postnuptial version can be signed at any time during the marriage, and we regularly prepare it together with broader postnuptial agreements.