ORA – Modern Orthodox “prenup” agreements are a primary tool in the feminist toolkit to enable feminist, non-halachic, arbitrary divorce on demand.
ORA – MO “prenup” agreements really have nothing to do with maintaining “healthy relationships”. On the contrary, the prenups are really a type of divorce settlement agreement, NOT a commitment by the spouses to stay married in a healthy relationship.
ORA – MO “prenup” agreements, besides causing invalid Get Meusah (IE coerced divorce), are also a psychological “grooming” tool. From the wife’s perspective, the prenup tool is designed to nullify any stigma or discomfort with divorce, suppress any guilt at the prospect of forcing an unnecessary divorce, and legitimize arbitrary divorce on demand. From the husband’s perspective, once he has signed the prenup, he is likely to give up any hope of opposing an unnecessary divorce initiated by his wife, despite devastating damage suffered by the husband and by his children who may very well be alienated from their father.
By using an agreement that is legally enforceable in US courts, Torah divorce halacha can be completely abandoned and replaced by the US family court system.
In the event of divorce, the spouses may make a routine appearance at modern Orthodox Beit Din for enforcement of the “prenup” terms, usually because those terms primarily benefit the wife. However, I have yet to see one “seruv” (rabbinic contempt order) from a modern Orthodox Beit Din against a wife who violated halacha by litigating in family courts while she also appeared before a Modern Orthodox Beit Din solely to obtain a Get.
It is safe to assume that the divorce settlement terms will be primarily determined by the family court system, including a Get meusah obtained by coercive financial pressures on the husband.
There is absolutely no obligation under traditional Jewish law for a Jewish man to sign one of the ORA – MO “prenup” agreements. Any Jewish man who signs one of these “prenup” agreements is exposing himself to a tremendous risk of a devastating divorce settlement that may likely involve alienation from the father of his beloved children.