Sign at Your Own Risk: The "RCA" Prenuptial May Prejudice the Fairness of Your Future Divorce Settlement

Authors

Susan Metzger Weiss, Shalom Hartman Institute

Abstract

The article critiques the Rabbinical Council of America (RCA) Prenup for failing to adequately address the power imbalance in Jewish divorce law, particularly the agunah problem, where women are unable to obtain a divorce due to their husbands' refusal to grant a get. While the RCA Prenup aims to mitigate this issue, it ultimately perpetuates existing power dynamics by limiting women's access to secular legal protections. The analysis highlights alternative prenups, such as the RosenZvi Prenup, as more equitable solutions that integrate secular legal safeguards while maintaining the integrity of Jewish law.

Disciplines

Law | Law and Gender

Recommended Citation

Susan M. Weiss, Sign at Your Own Risk: The "RCA" Prenuptial May Prejudice the Fairness of Your Future Divorce Settlement, 6 Cardozo J. Equal Rts. & Soc. Just. 49 (1999).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol6/iss1/4