A halachic prenuptial agreement is designed to prevent the agunah problem before it can happen — by recording, at the time of marriage, the husband's agreement to grant a get if the marriage ends. An Australian Binding Financial Agreement (BFA) is a civil contract under the Family Law Act that records how property will be divided. They are different documents for different purposes, and the smart move is to do both at the same time so they reinforce each other.
Why a halachic prenup matters
The halachic prenup is the single most effective tool the Jewish community has developed to address the agunah problem in advance. The most widely recognised version — the Rabbinical Council of America (RCA) form, also used by Beth Din institutions in Australia — provides that if the marriage breaks down and the parties live apart, the husband undertakes to provide ongoing maintenance to his wife until he grants a get. The maintenance figure is set high enough to create real incentive without being punitive.
The point is not that the agreement is ever actually invoked — it is that having signed it removes the leverage. Once the husband cannot benefit from refusing the get, the get is usually granted as a matter of course.
Why an Australian BFA matters
A BFA does the opposite — it locks in the financial settlement so the religious dynamics cannot reopen civil property questions. Without a BFA, the Family Law Act's standard four-step process applies, with all the cost and uncertainty that involves. A well-drafted BFA can streamline a separation enormously, and where the marriage stays intact (the usual outcome), the BFA simply sits in a drawer.
Doing both at once
The two documents serve different functions, and there is no legal conflict between them. The halachic prenup sits with the Beth Din or the parties' rabbi. The BFA sits in the parties' family law file. Each party has independent legal advice on the BFA (this is a strict requirement under the Family Law Act). I draft and review BFAs in coordination with the parties' chosen halachic prenup framework — usually the RCA form or the Melbourne Beth Din equivalent — so that the substance and the spirit line up.
What can and cannot be agreed
Australian BFAs cannot lawfully override the best-interests-of-the-child principle in parenting, but they can deal with property, superannuation, spousal maintenance and arrangements specific to any children of an earlier relationship. Halachic prenups focus on the get and on maintenance pending the get. The two together can give a couple about as much certainty as the law in either system allows.
How I handle a jewish prenuptial agreements matter
- 1Initial conversation — both parties' priorities, any earlier marriages, any children
- 2Coordination with your rabbi or Beth Din on the halachic prenup form
- 3Drafting the BFA, with each party receiving independent legal advice
- 4Execution and safe storage of both documents
Frequently asked questions
Can one lawyer draft the BFA for both of us?
No. Under the Family Law Act each party must have independent legal advice from a separate lawyer for a BFA to be valid. I can act for one party and refer the other to a suitable independent lawyer.
Is the halachic prenup enforceable in an Australian court?
A standalone halachic prenup is a religious undertaking and not directly enforceable in a civil court. However, the substance can be reflected in a BFA, which is civilly enforceable. In some cases the ongoing-maintenance provisions of a halachic prenup may also be enforced as a contract under general civil principles, though this is not the usual path.
Does a BFA cover parenting arrangements?
A BFA cannot validly override the Family Law Act's best-interests-of-the-child principle. It can address property and financial matters, and can record the parties' intentions about parenting, but a court will not be bound by those intentions if they conflict with the child's best interests at the time.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about jewish prenuptial agreements in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.