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Ideally, you will never need to invoke a prenup – but as is the case with insurance, if you do end up needing it, it can save you significant time, money, and anguish. While the RCA Prenup may well fit the needs of many couples, there are far too many who are not using it. We urge those who are uncomfortable with it to consider a customized agreement that will suit their needs. Prenups offer an antidote to the agunah crisis; couples just have to be made comfortable enough to use them.

It really should not be a question of whether a couple will sign a prenup. Rather, the question should be which prenup you prefer: one you draw up yourselves through careful thought and open communication with your attorneys and rabbis, or one that already is easily available. Both choices are good ones.

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Alexandra Weaderhorn, Esq. and Rachel Marks, Esq. are associated with the law firm of Schonfeld & Goldring, LLP with offices in Cedarhurst, New York. Schonfeld & Goldring, LLP limits its practice to divorce law, family law, and matrimonial law and regularly appear in both secular courts and rabbinical courts. The attorneys at Schonfeld and Goldring have been involved extensively in the areas of agunah and bet din litigation and have advised rabbis and other attorneys on the procedures as well as divorce issues. Ms. Weaderhorn and Ms. Marks can be reached at (516) 569-5001.