Prenuptial agreements are becoming popular among 20 to 30 year old Jewish couples as a way to avoid problems getting a divorce if the relationship sours. The halachic prenup has become mainstream in some orthodox Jewish communities in response to the incidence of agunot, a term for women who remain married against their will because their husband refuses to grant a divorce.
Because their spouse’s refusal is part of a pattern often common in domestic abuse situations – with all the economic and social ramifications included – many young couples are seeking prenups allowing them to end their marriages free of obstruction.
Advocates for women and rabbis agree that the prenups are effective by design: a husband is incentivized to quickly provide the religious divorce or face paying approximately $55K annually in cost-of-living expenses to his wife. A reciprocal version of the prenup applies to husbands and wives equally and a post nuptial agreement is available with similar terms and is growing in popularity also.
Source: Wall Street Journal, “For Orthodox Jews, a Different Kind of Prenup”, by Melanie Grayce West, April 5, 2016.