Orthodox Prenuptial Agreement
Agreement between Husband and Wife
Memorandum of agreement made this _____day of ______ 57__, which is the____ day of __________ 20__ , in the city of______________, state/province of _______ between _________________ the husband-to-be, who presently lives at __________________ and ___________________ the wife-to-be, who presently lives at _________________________________________________.
The parties are shortly going to be married.
I. Should a dispute arise between the parties after they are married, heaven forbid, so that they do not live together as husband and wife, they agree to refer their marital dispute to an arbitration panel, namely, the bet din of ________________ for a binding decision. Each of the parties agrees to appear in person before the bet din at the demand of the other party.
II. The decision of the panel, or a majority of them, shall be fully enforceable in any court of competent jurisdiction.
III. (a) the parties agree that the bet din is authorized to decide all issues relating to a get (jewish divorce) as well as any issues arising from premarital agreements (e.g. ketubah, tena'im), entered into by the husband and the wife.
[Note: the following three clauses (b,c,d), are optional, each to be separately included or excluded, by mutual consent, when signing this agreement.]
(b) the parties agree that the bet din is authorized to decide any other monetary disputes that may arise between them.
(c) the parties agree that the bet din is authorized to decide issues of child support, visitation and custody (if both parties consent to the inclusion of this provision in the arbitration at the time that the arbitration itself begins.)
(d) in deciding disputes pursuant to paragraph iii b, the parties agree that the bet din shall apply the equitable distribution law of the state/province of ________________ as interpreted as of the date of this agreement, to any property disputes which may arise between them, the division of their property, and questions of support. Notwithstanding any other provision of the equitable provision law, the bet din may take into account the respective responsibilities of the parties for the end of the marriage, as an additional, but not exclusive factor, in determining the distribution of marital property and support obligations.
Iv. Failure of either party to perform his or her obligations under this agreement shall make that party liable for all costs awarded by either a bet din or a court of competent jurisdiction, including reasonable attorneys' fees, incurred by one side in order to obtain the other party's performance of the terms of this agreement.
V. (a) in the event that any of the Bet din members are unwilling or unable to serve, then their successors shall serve in their place. If there are no successors, the parties will at the time of the arbitration choose a mutually acceptable beit din. If no such beit din can be agreed upon, the parties shall each choose one member of the beit din and the two members selected in this way shall choose the third member. The decision of the beit din shall be made in accordance with Jewish law (halacha) and/or the general principles of arbitration and equity (pesharah) customarily employed by rabbinical tribunals.
(b) At any time, should there be a division of opinion among the members of the bet din, the decision of a majority of the members of the bet din shall be the decision of the bet din. Should any of the members of the bet din remain in doubt as to the proper decision, resign, withdraw, or refuse or become unable to perform duties, the remaining members shall render a decision. Their decision shall be that of the bet din for the purposes of this agreement.
(c) In the event of the failure of either party to appear before it upon reasonable notice, the bet din may issue its decision despite the defaulting party's failure ot appear.
VI. This agreement may be signed in one or more copies each one of which shall be considered an original.
VII. This agreement constitutes a fully enforceable arbitration agreement.
VIII. The parties acknowledge that each of them have been given the opportunity prior to signing this agreement to consult with their own rabbinic advisor or legal advisor.
In witness of all of the above, the bride and groom have entered into this agreement in the city of ________________, state/province of ___________________.
Groom: Signature_________________________ Name____________________________ Address__________________________ _________________________________ State/Province of__________________ County of _____________________) ss.; On the _____ day of _____ 20__ before me personally came ______________, the groom, to me known to be the individual described in, and who executed the foregoing instrument, and duly acknowledged to me that he executed the same. ________________________________ Notary Public
Bride: Signature_________________________ Name____________________________ Address__________________________ _________________________________ State/Province of__________________ County of _____________________) ss.; On the _____ day of _____ 20__ before me personally came ______________, the bride, to me known to be the individual described in, and who executed the foregoing instrument, and duly acknowledged to me that he executed the same. ________________________________ Notary Public
Husband's Assumption of Obligations
I. I, the undersigned, ___________________________ husband-to-be, hereby obligate myself to support my wife-to-be, , in the manner of Jewish husbands who feed and support their wives loyally. If, God forbid, we do not continue domestic residence together for whatever reason, then I now (me'achshav) obligate myself to pay her $_______ per day, indexed annually to the consumer price index for all urban consumers (CPI-U) as published by the us department of labor, bureau of labor statistics, beginning as of December 31st following the dale of our marriage, for food and support (parnasah) from the day we no longer continue domestic residence together, and for the duration of our Jewish marriage, which is payable each week during the time due, under any circumstances, even if she has another source of income or earnings. Furthermore, I waive my halakhic rights to my wife's earnings for the period that she is entitled to the above-stipulated sum. However, this obligation (to provide food and support, parnasah) shall terminate if my wife refuses to appear upon due notice before the bet din of _____________ or any other bet din specified in writing by that bet din before proceedings commence, for purpose of a hearing concerning any outstanding disputes between us, or in the event that she fails to abide by the decision or recommendation of such bet din.
Ii. I execute this document as an inducement to the marriage between myself and my wife-to-be. The obligations and conditions contained herein are executed according to all legal and halakhic requirements. I acknowledge that I have effected the above obligation by means of a kinyan (formal Jewish transaction) in an esteemed (chashuv) bet din.
Iii. I have been given the opportunity, prior to executing this document, of consulting with a rabbinic advisor and a legal advisor.
Iv. I, the undersigned wife-to-be acknowledge the acceptance of this obligation by my husband to be, and in partial reliance on it agree to enter into our forthcoming marriage.
Groom Signature__________________________ Name____________________________ Adress____________________________ _____________________________________
Bride Signature___________________________ Name__________________________________ Address__________________________________ __________________________________________
Signed at__________________________________ Date_____________________ Witness____________________________ Witness_________________________