Can you explain what is written in these new (Orthodox and other) marriage “prenups” that more and more young religious people seem to be signing? Is this in line with Jewish law? Is it appropriate to contemplate the end of the marriage before it even begins in Jewish thought?

According to halacha (Jewish law) a husband can divorce his wife, but a wife cannot divorce her husband.  The power of divorce rests solely in the hands of the man.  In most cases of secular divorce is either accompanied by or is followed by a Jewish bill of divorce, called a “get.”  In such cases, the man will give his wife a get and they are divorced and both free to remarry should they choose. 

In some cases, whether because of anger or other motives, a man may choose not to give his wife a “get.”  Under Jewish law the woman has no recourse.  She cannot initiate a “get” on her own, and becomes what is known in Jewish law as an “agunah”(literally, chained).  She technically remains married to her husband and cannot marry another, without being considered guilty of adultery.  Neither can she move on with her life unencumbered by her ex-husband.

Traditionally Jewish courts have tried, with limited success, to exert social pressure on such a husband.  Recently, over the past decade, Orthodox rabbis have sought to come to prevent such issue from arising through the use of a special halachic prenuptial agreement signed by the bride and groom in advance of their betrothal.

These prenuptial agreements provide the “bet din” (Jewish court) jurisdiction over property settlement, and other germane issues and provide the court with the ability of levying monetary penalties on a husband who refuses to participate in the “bet din” or abide by the rulings of the “bet din.” In this manner, the prenuptial agreement seeks to prevent any future bride from falling into the category of an “agunah.”

According to modern halachic authorities, such agreements are valid and binding.  The hope is that they never need to be used and if needed are helpful if what is, by all accounts, a tragic circumstance.

While some might question the propriety of contemplating the end of a marriage, as it is about to begin, I feel that in many ways this has the potential to strengthen a marriage.  With the use of such a prenuptial agreement, both the husband and the wife know that they enter into the relationship by their own free will, and they remain husband and wife by their own free will.  This agreement lessens the halachic power one has over the other and allows them a greater sense of equality 

Rabbi Joshua S. Finkelstein