Explore the meaning of the Ketubah, the process of giving a Get, and why Halachic prenuptial agreements are essential in protecting both spouses’ rights
Key points about Ketubahs, Gets, and Halachic prenuptial agreements in Jewish marriage and divorce:
- A Ketubah is a traditional Jewish marriage contract outlining the husband’s obligations to his wife, including support, respect, and financial responsibilities.
- Under Halacha, a marriage without a Ketubah is considered incomplete—it serves as proof of marriage and protects the wife’s rights.
- In the U.S., the Ketubah is usually symbolic rather than legally binding, though it may be enforceable if written in secular terms.
- A Get is the religious document required to finalize a Jewish divorce under Halacha, even after a civil divorce is granted.
- Without a Get, a couple remains married under Jewish law, and the woman becomes an Agunah (“chained woman”), unable to remarry within Judaism.
- The Halachic prenup bridges civil and religious systems, requiring cooperation in obtaining a Get and imposing financial consequences for refusal.
The Ketubah: a sacred contract
A Ketubah (כתובה) is the traditional Jewish marriage contract that lies at the heart of a Jewish wedding. Written in Aramaic or Hebrew, it outlines the husband’s obligations to his wife, including financial support, respect, and marital duties, and specifies the compensation due to her in the event of divorce or his death.
Among different Jewish communities, customs surrounding the Ketubah vary beautifully. In Ashkenazic tradition, it is common for the couple to frame and proudly display their Ketubah in the home, often as a piece of Judaic art symbolizing their shared covenant and the sanctity of their marriage.
In contrast, many Sephardic families follow the longstanding custom of entrusting the Ketubah to the bride’s mother for safekeeping. This reflects the deep respect accorded to parents and the belief that the document should be guarded carefully, as it is both a sacred and legal record of the marriage.
The differing practices highlight how Jewish communities blend Halachic obligation with cultural expression, honoring the Ketubah as both a spiritual contract and a cherished family heirloom.
But the Ketubah is more than art—it is a binding religious document rooted in Jewish law (Halacha).
It ensures that the marriage is entered into with clear commitments and that the wife’s rights are safeguarded. Under Halacha, a marriage without a Ketubah is considered incomplete. The document:
- Serves as proof of the couple’s Halachic marriage;
- Defines the husband’s ongoing obligations;
- Establishes a monetary amount payable if the marriage ends;
- Acts as a deterrent to impulsive divorce by imposing financial responsibility.
The Ketubah in American civil law: Is the Ketubah legally binding?
In the United States, the Ketubah is primarily regarded as a symbolic or religious document, rather than a legally enforceable contract. While it represents the couple’s mutual commitment and the husband’s Halakhic obligations toward his wife, American civil courts generally cannot interpret or enforce its terms because they are rooted in religious law.
However, there are limited circumstances in which a Ketubah may be treated as a civil contract, such as if:
- Its terms are clearly defined in secular terms, and
- Enforcement does not require interpretation of religious doctrine.
Is a Ketubah like a prenup?
No, in most cases, it is viewed as a symbolic or moral contract, not a legal one. That’s why many Jewish couples today sign both:
- A Ketubah for religious purposes, and
- A Halachic prenuptial agreement (recognized by both rabbinic authorities and U.S. law) to prevent situations of Get-refusal and to ensure civil enforceability.
What is the process of giving a Get?
In a Jewish divorce, the dissolution of the marriage is not complete under Halacha (Jewish law) until the couple appears before a Beit Din (Jewish religious court) and the husband delivers a Get, a formal bill of divorce, to his wife.
This ceremony, conducted under rabbinic supervision, is usually straightforward when both parties agree to cooperate. Once the Get is given and accepted, the marriage is considered fully dissolved in Jewish law.
However, the process becomes complex when the husband refuses to give a Get. Under halakhic procedure, only the husband can initiate the religious divorce; a woman cannot give herself a Get, nor can she independently petition for one.
When a husband refuses to participate, the wife remains legally married under Jewish law, regardless of her civil divorce status.
Such a woman is called an Agunah (literally, “a chained woman”). She is bound to a marriage that no longer exists in practice, unable to remarry within the faith, and any future children she might have would carry a problematic halakhic status known as mamzerut, restricting their ability to marry within the Jewish community.
This situation, referred to as Get refusal, is one of the most painful and unjust outcomes that can arise in the overlap between Jewish and civil law.
How Marrying Up Can Impact a Divorce in Florida
A guide to protecting your rights when there are significant financial disparities between you and your spouse.
Why is a Halachic prenuptial agreement important?
In modern times, Batei Din (Jewish courts) generally defer to American civil courts on issues such as property distribution, financial support (child support and alimony), and child custody. Their primary role is to unbind the couple halakhically, enabling them to remarry within Judaism.
The Beit Din typically does not attempt to divide marital assets or determine time-sharing, recognizing that those areas fall under the jurisdiction of civil family courts. This separation helps maintain harmony between church and state, but it also means that religious divorce offers no financial or custodial protections on its own.
A woman may receive her Get but still rely entirely on the secular courts for enforcement of support, property division, or parenting arrangements.
Because of these gaps between religious and civil law, the Halakhic prenuptial agreement has become an essential modern safeguard. Drafted in plain legal language and recognized under U.S. contract law, this agreement requires both spouses to appear before a Beit Din in the event of marital breakdown and can impose financial consequences on a spouse who refuses to cooperate in granting a Get.
The Halakhic prenup ensures fairness and prevents abuse by aligning civil enforceability with religious obligation. It protects both spouses’ dignity, preserves the integrity of the Jewish marriage process, and provides critical legal recourse in a system where civil and religious jurisdictions rarely overlap.
The Get: the Jewish divorce document
A Get (גט) is the religious document required to formally dissolve a Jewish marriage under Halacha.
Even if a couple is legally divorced in civil court, their marriage remains valid under Jewish law until the husband delivers, and the wife accepts, a Get, traditionally written by a qualified scribe (sofer) under rabbinic supervision.
Without a Get:
- The couple is still considered married under Jewish law.
- The woman cannot remarry within Judaism.
- Any future children she has could face serious Halachic status issues (mamzerut).
Because of this, obtaining a Get is not just a religious formality—it is a vital legal and moral step in completing the marriage process in the eyes of Jewish law.
What do you do with a ketubah after a divorce?
Once a divorce occurs and the obligations of the Ketubah have been met, the document itself no longer carries legal or Halachic effect.
According to rabbinic sources and Halachic discussion:
- The husband may retain the Ketubah to show proof that he fulfilled his obligations; or
- The wife may keep it after signing a shovar (receipt) confirming that she received the amount owed.
In short, after the religious and financial aspects are settled, the Ketubah becomes a historic or sentimental document, not a living legal instrument.
The interplay between Jewish and American law
In the United States, Jewish marriage and divorce create a dual framework:
- Religious: The Ketubah and Get establish marriage and divorce under Halacha.
- Civil: Marriage licenses, divorce decrees, and support orders establish legal status under U.S. law.
For observant Jewish couples, both frameworks must be completed for a marriage to begin and end properly. At the same time, because civil courts cannot compel a religious act, such as issuing a Get, having clear civil agreements (like the Beth Din of America Halachic Prenup) ensures both faith and fairness are upheld.
Need help navigating Halachic and American civil law issues in Fort Lauderdale?
At Shemtov Hillstrom, we understand that for observant Jewish families, marriage and divorce are not just legal events—they are deeply spiritual commitments governed by centuries of tradition.
As an Orthodox Jewish divorce attorney in Fort Lauderdale, Tal Shemtov brings a deep understanding of both civil and Halachic processes. She provides clients with the guidance needed to ensure every step—from civil filings to obtaining a Get—is handled with legal precision, cultural sensitivity, and respect for Jewish law.
Whether you are preparing for marriage, considering a Halachic prenup, or navigating a divorce where a Get is required, our team can help you bridge Jewish and American law with compassion, dignity, and clarity.
Learn more by scheduling a free consultation with Shemtov Hillstrom today.