Reply To: halachik pre-nup

Home Forums Decaffeinated Coffee halachik pre-nup Reply To: halachik pre-nup

#1108757
Joseph
Participant

Sam: That is not correct. The amount specified in the RCA/BDA prenup is far in excess of “mezonos”. It specifies the husband must pay her $150 a day. That is in excess if $50,000 a year in so-called “mezonos”. It is clearly and unambiguously designed to far exceed any reasonable mezonos need in order to effectively penalize him into pressuring him to give a Get. Regardless whether he has a halachic obligation to give it or not.

It starts taking effect the day she (on her own volition) walks out of his home (or forces him out). Under many such circumstances he has zero halachic obligation to give her any mezonos (see my earlier comment regarding the Rama) let alone pay her an amount far in excess of mezonos of over $50,000 a year. An amount that is the same even if they have no children. (And it wouldn’t replace his child support obligation even if they do have children.) How many men even earn enough to pay someone 50,000 after-tax dollars a year plus support himself and his children. It would require an income of over $125,000, at least, pre-taxes. His individual (not family) income.

This prenup doubtlessly and undeniably is designed to be penalizing. (And to an extent where the vast majority of husbands couldn’t even afford it.) This is no mezonos.

As far as the BDA, the prenup doesn’t have a fill-in to indicate one’s preferred beis din. (There are other provisions in it that are optional and can be selected, if desired.) It is pre-printed with the BDA in the terms. And the instructions indicate not to change any provisions unless first contacting the BDA.

chush: Read Rav Elyashev’s teshuva I referenced above. His various objections remain relevant to the prenup.