Gil at Hirhurim asks whether or not pre-nups work?
Two great resources on the pre-nuptual agreement from past JOFA Journals which address this issue:
1. My friend Michelle Greenberg Kobrin wrote an article discussing what makes the pre-nup enforceable in court (since at that point it had not yet been tested in court).
2. I have heard Rabbi Yonah Reiss of the Beit Din of America say (about two years ago) that the pre-nup has not yet been tested in court because it has effectively stopped many cases before reaching the courts. Meaning, the threat of the possible enforcement of the pre-nup by a secular court was enough to resolve those particular agunah cases.
Rachel Levmore, a rabbinic court advocate, also has an article outlining how the pre-nup is used to prevent "get-refusal." Moreover, she cites Rabbi Reiss in a footnote saying:
Rabbi Yonah Reiss, in conversation with me in 2004 verified that, to his knowledge, in every case of a couple that had previously signed a pre-nuptual agreement and later came to divorce, there was a get.
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