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Jewish prenuptial agreement
Jewish prenuptial agreements have been developed in recent times to keep the Jewish woman from becoming an agunah in cases where the husband refuses to grant her a get (Jewish bill of divorce).〔See Rachel Levmore, “Get Refusal in the United States and One Method of Prevention: Prenuptial Agreements”, Women in Judaism (Tova Cohen ), Bar Ilan University, Ramat Gan 2001.〕 Without such an agreement, Jewish marriages cannot be dissolved without the consent and cooperation of both spouses. This new type of prenuptial agreement makes provisions for the possibility of divorce. By setting up rules prior to the marriage in the form of a monetary contract, both spouses have an interest to negotiate a divorce in a dignified manner and get-refusal is avoided.
==Halakhic background==
Halakha (Jewish law) states that in order for a Jewish divorce to be valid, the husband must place a get in his wife's hands out of his own free will (Yebamot, 14:1). If he does not have the intent to divorce his wife, no other party—person or court, can do so in his stead. A Jewish woman chained to her marriage because of her husband's inability or refusal to grant her a ''get'', is referred to as an agunah. As of late, common usage has coined the term ''agunah'' to include a victim of ''get''-refusal.
When discussing the agunah problem, a distinction must be drawn between the classic definition of an agunah and a victim of get-refusal. Halakhically, an agunah is a woman whose husband has disappeared and it is not known whether he is alive or dead. The example used is the passenger on a boat that sank in “waters that have no end” (Babylonian Talmud, Yebamot, chapter 10). The case of the classic agunah still possibly exists today: The wives of several men who were killed on 9/11 potentially could have been declared agunot, however, with the combined international legal efforts of several prominent Orthodox Rabbis, all these cases were resolved and the women were permitted to remarry.〔(Agunot )〕 A more prevalent problem is that of a husband who is alive and well, but refuses to give his wife a get. A woman in these circumstances is a ''mesorevet get'' - a victim of get-refusal.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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