Skip to comments.Modern Orthodox Jewish couples court controversy with religious prenup
Posted on 03/02/2020 6:06:29 PM PST by Coleus
Before Shanee Markovitz and Tani Kay get married this May, the couple gathered their close friends together recently to celebrate their prenup. I want my friends to see this as a huge part of our wedding. Its as important as every other piece, if not more, says Markovitz, 20. Were going to announce it at our wedding and put it in our programs, too.
While many prenuptial agreements are kept hush-hush and often seen as unromantic, for this couple who have been together since they were high-school sophomores its a sign of liberation. And not everyone is happy about it.
Markovitz and her groom-to-be Kay, 21, are of the modern Orthodox Jewish faith and signed whats known as a Halachic prenup. Rather than litigating alimony, these contracts protect a woman from becoming an agunah which translates from Hebrew as chained woman by compelling her husband to grant a Jewish writ of divorce, or get.
Otherwise, the woman is stuck in a dead marriage. Its functionally over but without her get, she cant move on and be [re]married within the traditional Jewish community, explained Keshet Starr, who runs the Organization for the Resolution of Agunot (ORA), which aims to help these women navigate the law.
(Excerpt) Read more at nypost.com ...
This is not a pre-nup as it is geenrally define in the US. It is a means of redressing a thousands of years old problem in Torah law which gives a man the right to avoid divorcing his wife—usually for financial reasons, but could be for other reasons such as spite, jealousy or anger. The man’s avoidance of signing divorce papers leaves his wife unable to remarry indifinitely (there are men who just “disappear”)and she becomes someone that a potential suitor would not go near because of her status. It’s much more severe than the simple issues of pre-nups, no matter how much money is involved.
Plus, the man arguing against this does not have Jewish law on his side, as the issue of how to handle divorces and under what conditions what recognized and dealt with over 2000 years ago by rabbis. It is just that functionally this particular issue has not been codified which is very unfair to women. I applaud these marriage papers, as they clarify the status of Orthodox married women.
I went to a Conservative Jewish wedding in NYC a few decades ago. They had the contract on display and showed the groom the bride before the ceremony, so he could verify that this was the woman he had contracted to marry. I really enjoyed the wedding, it was so different for this goyisha girl.
Go to Vegas if you want to gamble. Marriage is forever. Divorce is not an option.
Which means once again social service and the tax payer will pick up the burden of his ex wife and his many children.
Like they weren’t supported during their marriage. State recognizes the mother as a single parent with children allowing social services even though her and her husband are married within the religion
Rather than litigating alimony, these contracts protect a woman from becoming an agunah which translates from Hebrew as chained woman by compelling her husband to grant a Jewish writ of divorce, or get.
Such contracts aren’t really a new thing; they’ve been around for decades. The idea that they may be controversial seems to be much more recent.
I'm not Jewish, but there was a time when I could have appreciated a contract like this. Mine took 7 years and half killed me until I deployed a Wall St Journal article about women getting 5- and 6-figure settlements for "abuse of legal process." Would have been over in one if I had a pre-nup.
My sister brought home a guy she worked with...for me.
She knew what I needed and wanted. She was right.
Leave it to someone who loves you to get it right.
Don't worry. She'll get hers. Treating people badly is just plain wrong. At her death she'll have to meet with her Maker and her Maker will explain a few things about marriage to her.
Maybe our good Lord will let you listen. :o)
This particular pre-nup under discussion protects the woman. I was responding to that, as I am one. And yes, I do believe in divine justice.
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