Fillable Printable Binding Arbitration Agreement - Postnuptial Version - Chicago
Fillable Printable Binding Arbitration Agreement - Postnuptial Version - Chicago
Binding Arbitration Agreement - Postnuptial Version - Chicago
PP 1.3
BINDING ARBITRATION AGREEMENT – POSTNUPTIAL VERSION
adapted from the Binding Arbitration Agreement of the Beth Din of America with permission
Page 1 of 4
This agreement consists of two pages and a notarization page. Instructions for filling out this document may be found on page 4.
It is important that the instructions be carefully read and followed in completing the form.
STANDARD
VERSION
SECTION IV:B regarding parenting disputes is optional. Unless this option is chosen, the Beth Din will be without jurisdiction to address matters of parenting
disputes between the parties. For more information, see the instructions.
INITIALS
THIS AGREEMENT made on the day of the month of
in the year 20________, in the City/Town/Village of , State of
between Husband:
residing at:
and Wife:
residing at:
The parties hereby agree as follows:
I.
Should a dispute arise between the parties in the course of their marriage, so that they do not live together as husband and wife, they agree
to refer their marital dispute to the Beth Din Zedek of the Chicago Rabbinical Council (hereinafter the “Beth Din”) (currently located at 2701
West Howard, Chicago, Illinois 60645; Tel: 773-465-3900, www.crcweb.org), acting as an arbitration panel, for a binding decision.
II.
The decision of the Beth Din shall be fully enforceable in any court of competent jurisdiction.
III.
The parties agree that the Beth Din has exclusive jurisdiction to decide all issues relating to a get (Jewish divorce) as well as any issues
arising from this Agreement or the ketubah and tena'im (Jewish premarital agreements) entered into by the Husband and the Wife. Each of
the parties agrees to appear in person before the Beth Din at the demand of the other party.
SECTION IV:A regarding additional financial issues is optional. Parties may select IV:A(1), IV:A(2) or IV:A(3) (but not more than one of these
paragraphs). Unless one of these options is chosen, the Beth Din will be without jurisdiction to address matters of general financial disputes between the
parties. For more information, see the instructions.
IV:A(1). The parties agree that the Beth Din is
authorized to decide all monetary disputes (including
division of property and maintenance) that may arise
between them. We choose to have Paragraph IV:A(1)
apply to our arbitration agreement.
Signature of
Husband
Signature of
Wife
IV:A(2). The parties agree that the Beth Din is
authorized to decide all monetary disputes (including
division of property and maintenance) that may arise
between them based on principles of equitable
distribution law customarily employed in the United
States as found in the Uniform Marriage and Divorce
Act. We choose to have Paragraph IV:A(2) apply to
our arbitration agreement.
Signature of
Husband
Signature of
Wife
IV:A(3). The parties agree that the Beth Din is
authorized to decide all monetary disputes (including
division of property and maintenance) that may arise
between them based on principles of community
property law customarily employed in the United
States as found in the Uniform Marriage and Divorce
Act. We choose to have Paragraph IV:A(3) apply to
our arbitration agreement.
Signature of
Husband
Signature of
Wife
IV:B. The parties agree that the Beth Din is authorized to decide all disputes, including child custody, child support, and visitation matters, as well as any other disputes that may
arise between them.
We choose to have Section IV:B apply to our arbitration agreement.
Signature of
Husband
Signature of
Wife
IV:C. The Beth Din may consider the respective responsibilities of either or both of the parties for the end of the marriage, as an additional, but
not exclusive, factor in determining the distribution of marital property and maintenance, should such a determination be authorized by
Section IV:A or Section IV:B.
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BINDING ARBITRATION AGREEMENT – POSTNUPTIAL VERSION
Page 2 of 4
V. Failure of either party to perform his or her obligations under this Agreement shall make that party liable for all costs awarded by either the Beth Din
or a court of competent jurisdiction, including reasonable attorney's fees, incurred by one side in order to obtain the other party's performance of the
terms of this Agreement.
VI. The decision of the Beth Din shall be made in accordance with Jewish law (halakha) or Beth Din ordered settlement in accordance with the principles
of Jewish law (peshara krova la-din), except as specifically provided otherwise in this Agreement. The parties waive their right to contest the
jurisdiction or procedures of the Beth Din or the validity of this Agreement in any other rabbinical court or arbitration forum other than the Beth Din.
The parties agree to abide by the published Rules and Procedures of the Beth Din (which are available at www.crcweb.org, or by calling the Beth
Din) which are in effect at the time of the arbitration. The Beth Din shall follow its rules and procedures, which shall govern this arbitration to the
fullest extent permitted by law. Both parties obligate themselves to pay for the services of the Beth Din as directed by the Beth Din.
VII. The parties agree to appear in person before the Beth Din at the demand of the other party, and to cooperate with the adjudication of the Beth Din in
every way and manner. In the event of the failure of either party to appear before the Beth Din upon reasonable notice, the Beth Din may issue its
decision despite the defaulting party's failure to appear, and may impose costs and other penalties as legally permitted. Furthermore, Husband
acknowledges that he recites and accepts the following:
I hereby now (me'achshav), obligate myself to support my Wife from the date that our domestic residence together shall cease for whatever
reasons, at the rate of $150 per day (calculated as of the date hereof, adjusted annually by the Consumer Price Index–All Urban Consumers,
as published by the US Department of Labor, Bureau of Labor Statistics) in lieu of my Jewish law obligation of support so long as the two of us
remain married according to Jewish law, 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. I acknowledge that I have now (me’achshav) effected the above
obligation by means of a kinyan (formal Jewish transaction) in an esteemed (chashuv) Beth Din as prescribed by Jewish law.
However, this support obligation shall terminate if Wife refuses to appear upon due notice before the Beth Din or in the event that Wife fails to abide
by the decision or recommendation of the Beth Din. Furthermore, Wife waives her right to collect any portion of this support obligation attributable to
the period preceding the date of her reasonable attempt to provide written notification to Husband that she intends to collect the above sum. Said
written notification must include Wife’s notarized signature. This support obligation under Jewish law is independent of any civil or State law
obligation for spousal support, or any civil or State law imposed order for spousal support, and shall be determined only by the Beth Din.
VIII. Husband and Wife execute this document to further enhance the continued harmonious marital relationship between themselves as husband and
wife. Furthermore, the mutual promises of the parties are consideration each for the other, and this agreement shall be fully enforceable in a court of
competent jurisdiction.
IX. This Agreement may be signed in one or more duplicates, each one of which shall be considered an original.
X. This Agreement constitutes a fully enforceable arbitration agreement. Should any provision of this Agreement be deemed unenforceable, all other
surviving provisions shall still be deemed fully enforceable; each and every provision of this Agreement shall be severable from the other. As a
matter of Jewish law, the parties agree that to effectuate this agreement in full form and purpose, they accept now (through the Jewish law
mechanism of kim li) whatever minority views determined by the Beth Din are needed to effectuate the obligations contained in Section VII and the
procedures and jurisdictional mandates found in Sections I, II, III and VI of this Agreement.
XI. Each of the parties acknowledges that he or she has been given the opportunity prior to signing this Agreement to consult with his or her own
rabbinic advisor and legal advisor. Each of the parties expressly waives, in connection with this agreement, (i) any right to consult with his or her
legal counsel to the extent they have not done so and (ii) any right to disclosure of the property or financial obligations of the other party beyond any
disclosures that have been provided. The obligations and conditions contained herein are executed according to all legal and halakhic requirements.
In witness of all the above, the Husband and Wife have entered into this Agreement.
Signature of
Husband
Signature of
Witness
Signature of
Witness
Signature of
Wife
Signature of
Witness
Signature of
Witness
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BINDING ARBITRATION AGREEMENT – POSTNUPTIAL VERSION
Page 3 of 4
Notarization Forms
Acknowledgement for Husband
State of ___________________ County of ___________________
On the ______ day of ___________ in the year ______ before me,
the undersigned personally appeared _______________________,
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to within
this agreement and acknowledged to me that he executed
the agreement.
Notary Public
Acknowledgement for Wife
State of ___________________ County of ___________________
On the ______ day of ___________ in the year ______ before me,
the undersigned personally appeared _______________________,
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to
within this agreement and acknowledged to me that she executed
the agreement.
Notary Public
PP 1.3
BINDING ARBITRATION AGREEMENT – POSTNUPTIAL VERSION
Page 4 of 4
INSTRUCTIONS
INTRODUCTION. This Agreement is intended to facilitate the timely and
proper resolution of certain marital disputes. When a couple about to be
married signs this Agreement they thereby express their concern for each
other's happiness, as well as their concern for all couples marrying in
accordance with Jewish law. Full background materials and explanations can
be accessed at www.theprenup.org or www.crcweb.org. While it is preferable
that the mesader kiddushin (i.e., supervising rabbi at the wedding) take
responsibility for explaining the background for, and then implementing the
agreement itself – any other knowledgeable rabbi or individual, or the couple
themselves, may coordinate the process. Advice of proper legal counsel on
both sides is certainly encouraged.
BINDING CIVIL COURT EFFECT. When properly executed, this Agreement is
enforceable as a binding arbitration agreement in the courts of the United
States of America, as well as pursuant to Jewish law (halakha). The super-
vising rabbi should explain this to the parties. This agreement should only be
used when the parties expect to reside in the United States upon marriage.
Parties should contact the Beth Din to inquire about appropriate forms when
they will be residing outside the United States. For those who will reside in the
United States, the Beth Din will appoint the proper dayanim (arbitrators) to
hear and resolve matters throughout the country.
CHOICE OF OPTIONS. The document has been designed to cover a range of
decisions which the Husband and Wife may make regarding the scope of
matters to be submitted for determination to the Beth Din. These alternatives
are set forth in Section IV. The agreement will be valid whether or not any of
the alternatives are chosen. If none of such alternatives are chosen, the Beth
Din will decide matters relating to the get, as well as any issues arising from
this Agreement or the ketubah or the tenaim. The Uniform Marriage and
Divorce Act Section 307 is a general statement of the principles of equitable
distribution or community property proposed as a model law. It is not the law
of any particular state. Parties who wish greater certainty as to possible future
divisions of property (for example persons with substantial assets at the time
of marriage or persons interested in taking advantage of the particular
decisions of a state where they will be married) should sign a standard
prenuptial agreement with the advice of counsel and incorporate this
arbitration agreement by reference.
Section IV:A deals with financial matters related to division of marital property.
If Section IV:A is chosen the Beth Din will be authorized to decide financial
matters related to division of financial property. The Beth Din can decide these
financial matters in one of three ways. The couple may choose one, but not
more, of those ways. If more than one is chosen, all choices are void. If none
of such Paragraphs are selected, the Beth Din will not be authorized to resolve
any additional monetary disputes between the parties.
Section IV:B deals with matters related to child custody and visitation. If the
parties choose to refer matters of child custody and visitation to the Beth Din for
resolution, they may do so by signing this Section IV:B. They must, however,
understand that secular courts generally retain final jurisdiction over all matters
relating to child custody and visitation. Section IV:C deals with the question of
whether the Beth Din may take into consideration the respective parties'
responsibility for the ending of the marriage when Sections IV:A or IV:B are
chosen. Section IV:C only applies if the parties have authorized the Beth Din
under Section IV:A or Section IV:B, but then it applies as a matter of course,
reflecting normal Beth Din procedure. Thus Section IV:C will apply to all
decisions authorized under Section IV, unless the parties strike it out. Striking
out Section IV:C, while discouraged by Jewish law, will not render the entire
Agreement invalid or ineffective.
WITNESSES. There must be two witnesses to each signature. The same
people can witness each signature and sign twice, once under the signature of
the Husband, and once under the signature of the Wife, or four witnesses can
be used, each signing once. It is preferable that each page of the agreement
be initialed by both parties.
NOTARIZATION. It is not always legally required to have this Agreement
notarized in order for it to be valid and enforceable. Each couple should discuss
this question with their legal advisors. Even if there is no legal requirement for
notarization, it is certainly a good idea for it to be notarized; hence a
notarization form is included in the document. Notaries can usually be found in
banks, legal offices, etc.
ADDITIONAL FORMS. Some couples, for financial or other reasons, sign other
prenuptial or postnuptial agreements. In such cases they may find it useful or
practical to sign this document and incorporate this arbitration agreement by
reference into any additional agreement. Additional copies of this document and
other materials can be obtained from the offices of the Beth Din, or by visiting
www.theprenup.org or www.crcweb.org.
SAFEKEEPING OF THIS FORM. Husband and Wife should keep his or her
own copy of this Agreement in a safe place. For additional protection, we
strongly advise sending a copy to the Beth Din as well, for its confidential files.
Copies may be uploaded at www.theprenup.org, faxed to (773) 465-6632, or
scanned and e-mailed to abramson@crcweb.org.
FURTHER INFORMATION. Further information regarding this Agreement, or
further information concerning the procedures to be followed for resolution of
any matters or disputes covered by this Agreement, may be obtained from the
Beth Din, which has disseminated this form Agreement. Background
information is available at www.theprenup.org or www.crcweb.org.
