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RCA Reaffirms Its Commitment To Preventing Agunah Tragedies

Convention resolution insists that no member Rabbi officiate at a wedding unless a proper prenuptial agreement on get has been executed.
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A Message to our Rabbinic Colleagues and Students

The past decades have seen a significant increase in the number of divorces in the Orthodox Jewish Community. In the majority of these situations the couples act in accordance with Jewish Law and provide for the proper delivery and receipt of a Get. Each year, however, there is an accumulation of additional instances in which this is not the case.
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Updated Prenuptial Agreement with instructions

DOWNLOAD Our Updated, User-friendly Prenuptial Agreement with Instructions
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Forward to the Prenuptial Agreement by Norman Lamm - President, Yeshiva University

The term agunah is one which has historically been associated with those unfortunate women whose husbands had disappeared, or were missing for one or another reason, and who therefore were not free to remarry. Indeed the rabbinic literature, in the codes and responsa, as well as in the Talmud, has always been extraordinarily preoccupied with ameliorating the tragic fate of such women who find themselves indefinitely and literally "anchored" to their absent spouses.
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On the Compelling Need for an Effective Prenuptial Agreement

Reprinted with permission from Rabbinics Today, 2:3, December 1993


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Many of my rabbinic colleagues have told me that they are reluctant to use a prenuptial agreement related to assurance of issuance of a get upon dissolution of the marriage by civil divorce. I am deeply dismayed by this reluctance, albeit I have some understanding of why such reticence exists. Why is a prenuptial agreement necessary?
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The Modern Day Agunah: In Retrospect

The most serious challenge facing Jewish women today, is the modern day agunah, women whose marriages have failed, but who cannot obtain a get from their husband.(1) For even if their marriage is dissolved by civil authorities, under Jewish law the couple remains married and unable to enter into a new marriage, leaving married Jewish women exposed and endangered to years of anguish and blackmail.
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Resolutions of the Rabbinical Council of America

Adopted in June 1993
In the Matter of Prenuptial Agreements

I. Whereas it was clearly the desire of God that couples live together in peace and harmony, in love and devotion all of their lives, so that strong marriages could serve as the heart of a strong Jewish community; but
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The Halakhic Sources and Background of the Prenuptial, by Rabbi Mordechai Willig

The idea of a pre-nuptial agreement which encourages the parties to appear before a Bet Din in the unfortunate event of marital strain or break-up is not new. It can be traced back hundreds of years.
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A Legal Guide to the Prenuptial Agreement for Couples about to be Married by Marc Stern, Esq.

It no doubt seems odd to be presented with agreements dealing with the possibility of divorce in the weeks prior to a wedding. Surely, at a time when two people are deeply in love and are planning a wedding, divorce seems totally beyond the realm of the possible. The answer lies not in any suspicion that any particular couple's marriage will end in divorce. In the Orthodox community, divorce is fortunately far less common than it is in the general community.
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THE PRENUPTIAL AGREEMENT a Husband's Assumption of Obligation

I execute this document as an inducement to the marriage between myself and my wife-to-be. The obligations and conditions contained herein are executed according to all legal and halakhic requirements. I acknowledge that I have effected the above obligation by means of a kinyan (formal Jewish transaction) in an esteemed (chashuv) bet din.
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