Prenup with a Get Clause — Protection Against Agunah

What Is a Get Clause?

A get clause (סעיף גט in Hebrew) is a provision in a prenuptial agreement that imposes a financial penalty on a spouse who refuses — without justification — to grant or receive a Jewish religious divorce (a get) after the Rabbinical Court has ruled that the marriage should end.

The clause does not replace the get. It makes prolonged refusal increasingly expensive.

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Important disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Israeli family law attorney about whether a get clause is appropriate for your situation.

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The Problem It Solves: Agunah

Under Jewish law (halacha), a marriage ends only when the husband voluntarily grants a get and the wife voluntarily accepts it before the Rabbinical Court. If one party refuses — particularly if the husband refuses to grant the get — the other spouse becomes an agunah (a "chained woman"), unable to remarry under Jewish law.

This is a real problem in Israel. The Rabbinical Court can order a get but cannot physically force the husband to grant one. Some men use get refusal as leverage in divorce negotiations — demanding property, custody arrangements, or money in exchange for the get.

A get clause in a prenuptial agreement addresses this by creating financial disincentives to delay.

How the Clause Works

A typical get clause provides:

1. If the Rabbinical Court determines that one party is refusing to give/receive a get without justification
2. Starting from the date of that determination
3. The refusing party pays the other spouse ₪X per day (e.g., ₪500/day)
4. Until the get is actually given and received

At ₪500/day, six months of unjustified refusal would generate a penalty of approximately ₪90,000.

What Israeli Courts Say

The Israeli Supreme Court has upheld financial penalty clauses in prenuptial agreements in multiple rulings. The clause is enforceable provided:

• The amount is reasonable — not so high that it constitutes undue coercion (which would itself invalidate the get under halachic rules)
• The prenup was properly approved — by notary (before marriage) or court/Rabbinical Court (after or at marriage)
• Both parties understood the clause when signing

Amounts of ₪150–500/day have generally been found reasonable. Significantly higher amounts may be challenged.

Get Clause at Nobiru

Nobiru's clause library includes a standard get clause with a ₪500/day default (customizable). During the questionnaire, you indicate whether you want a get clause included and set the amount. The partner attorney reviews the wording before the agreement is finalized.

The clause is approved by the Rabbinical Court as well as the Family Court.

Rabbinical Court vs. Family Court for Get Clause Prenups

Many Israeli family law attorneys recommend having a prenup with a get clause approved by the Rabbinical Court (rather than the Family Court), because:

• The Rabbinical Court has direct jurisdiction over the divorce process
• Rabbinical judges are more familiar with the halachic implications
• A Rabbinical Court-approved get clause may be enforced more directly in subsequent divorce proceedings

This is not a legal requirement — the Family Court can also approve the prenup.

What to Do Next

If you want a get clause in your prenuptial agreement, start Nobiru's questionnaire and select "get clause" in the special arrangements section. Set your preferred penalty amount. Our partner attorney will confirm the wording is appropriate for your situation.

Start the free questionnaire →

This article is for informational purposes only and does not constitute legal advice.