Get Clause in a Prenup — Protection Against Get Refusal

What Is a "Get Clause"?

A get clause (סעיף גט) is a provision in an Israeli prenuptial agreement that imposes automatic financial penalties on a spouse who refuses to grant a religious divorce (a get) after both parties have agreed to separate. It is one of the most practically important — and most uniquely Israeli — provisions a prenup can contain.

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Why This Only Exists in Israel

Jewish marriages in Israel are governed by rabbinical (halachic) law. A divorce is only valid when the husband willingly hands the get to his wife. If he refuses, the woman becomes an agunah — legally and religiously bound to a marriage that has effectively ended, unable to remarry, sometimes for years or decades. Civil courts cannot override this requirement.

Israeli rabbinical courts recognize get clauses in prenuptial agreements as a legitimate tool. The clause does not force the husband to comply, but it makes refusal financially prohibitive — a powerful deterrent in practice.

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What the Clause Actually Says

A standard get clause typically specifies:

• The trigger point — usually the filing of divorce proceedings or a joint decision to separate
• The daily penalty — commonly ₪1,000–₪5,000 per day the get is withheld
• An inflation adjustment — to preserve the penalty's real value over time
• Definition of "refusal" — including tactical delays, not just outright refusal
• Enforcement mechanism — civil court action to enforce the financial agreement

This is not a guarantee. But accumulated penalties reaching hundreds of thousands of shekels create a strong economic incentive that resolves most cases without further intervention.

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Who Needs It?

Every Jewish woman marrying under religious law in Israel should have one. The clause can also be written as mutual — protecting both parties. It is especially critical in second marriages, where the statistical risk of get refusal is higher.

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How Nobiru Handles It

On Nobiru's platform, the get clause is included as a default option in the questionnaire. You choose between a mutual or one-sided formulation and set the daily penalty amount. The full agreement — including the get clause — costs ₪599 per couple, with an optional personal lawyer review for an additional ₪499.

Legal validity requires a notary (₪526, per the 2025 Notaries Notice) — not a lawyer's signature.

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Related Concepts

• Independent prenuptial agreement — the legal framework within which the get clause operates
• Waiving the marital property presumption — complementary financial protection
• Prenup for second marriages — context where a get clause is especially critical