What is unique about CWJ’s Contract for a Just and Fair Marriage?


With the exception of the Lookstein Prenup drafted in New York in 1990's, no other prenup aside from CWJ's ("Undertaking") refers to get refusal as compensatory harm and confers jurisdiction to a non- ecclesiastical court to award damages for that harm.

The Agreement for Mutual Respect (AMR) relies on the obligation to pay extra-ordinary support as an incentive to deliver a get. The AMR also leaves the race to the Israeli courthouse in place (Clause H). This allows for the possibility that a rabbinic court will take jurisdiction to invalidate that support undertaking.

The Tzohar Love Agreement is an arbitration agreement. Like the AMR, it relies on a spouse's undertaking to pay extra-ordinary support as an incentive to deliver a get. However, the Tzohar Agreement gives broad discretion to the appointed arbitrator to delay payment of the support obligation indefinitely without giving reasons for doing so (Clause 5 and Appendix A). In general, CWJ does not recommend the signing of arbitration agreements which by definition abridge a party's right to appeal.  In addition, CWJ feels that arbitration is inappropriate inthe context of Jewish divorce where men and women do not have equal power relations.

Neither the AMR nor Tzohar Prenups provides for the possible dissolution of a Jewish marriage without the agreement of both spouses to the divorce.  CWJ's Terms of Marriage allows for this. It is based on Rabbi Michael Broyde's tripartite agreement.   CWJ's Terms of Marriage is shorter than Broyde's, and, unlike Rabbi Broyde's, it also includes provisions to try to prevent problems of mamzer.