You and your soon-to-be spouse will be making many financial decisions together throughout your lives. By researching alternatives and understanding the consequences before you get married, the better those decisions will be.
Your attorney will be responsible for helping you join your lives smoothly. He or she will work with you through the discussions and negotiations and bring all the possible legal issues to your attention. They will draft the agreement itself, making sure to prepare it according to all the legal specifications. And then he or she will accompany you both to the court appearance for signing.
You could do this in front of a notary but I always recommend that a judge officiate it in the Family court. In Israel the two legal systems (Rabbinic and secular court) often don’t work together. Take the extra steps to make your prenup air tight in case someone challenges it down the road.
The Halachic (Jewish Law) Prenup
An agunah is (literally) a chained woman whose husband has refused to give her a Get or Jewish divorce. This prevents her from marrying anyone else and having children. An agun, is a man whose wife refuses to accept a Get. It’s emotionally just as damaging although much less restrictive.
Rabbi Mordechai Willig developed the Halachic Prenup more than 25 years ago to address these problems. The contract outlines details of conduct so a couple can settle their divorce in a dignified manner.
It’s important to note that the Halachic prenup only covers the issue of agunot and agunim. It doesn’t address asset division at all. So, a couple must go through the Family court to manage the financial side of their prenup.
By breaking up the information into smaller sections, the article becomes easier to read and digest. Each section focuses on a specific aspect, providing a clear flow of information.
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