Involved, Empowered and Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish and American Law and Builds Happy Families

Authors

Lara Traum, Benjamin N. Cardozo School of Law

Abstract

This Note discusses the pitfalls of existing halakhic prenuptial protocols and advances the use of mediation in the prenuptial drafting process. Section II of this Note provides a history of Jewish marital and divorce law, explaining the significance of halakhic legal documents and religious arbitration units. Section III examines the unresolved relationship between Jewish and American systems, discusses the advent of American prenuptial agreements, and highlights the shortcomings of existing prenuptial agreements in the Orthodox Jewish community. Section IV proposes that prenuptial mediation best honors halakha, American law, and individual interests.

Disciplines

Contracts | Courts | Dispute Resolution and Arbitration | Law

Recommended Citation

Lara Traum, Involved, Empowered and Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish and American Law and Builds Happy Families, 17 Cardozo J. Conflict Resol. 179 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol17/iss1/8