Fillable Printable A Prenuptial Agreement Form

A Prenuptial Agreement Form

PS 2.0

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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.

INITIALS

SECTION II:B regarding parenting disputes is optional. Unless this option is chosen, the Beth Din of America will be without jurisdiction to address

matters of parenting disputes between the parties. For more information, see the instructions.

THIS AGREEMENT made on the day of the month of

in the year 20________, in the City/Town/Village of , State of

between Husband-to-Be:

residing at:

and Wife-to-Be:

residing at:

The parties, who intend to be married in the near future, hereby agree as follows:

Arbitration. Should a dispute arise between the parties after they are married, so that they do not live together as husband and wife, they

agree to submit to binding arbitration before the Beth Din of America (currently located at 305 Seventh Avenue, Suite 1201, New York,

New York 10001; www.bethdin.org), which shall have exclusive jurisdiction to decide all issues relating to a get (Jewish divorce), the

ketubah and tena’im (Jewish premarital agreements) entered into by the Husband-to-Be and the Wife-to-Be, any issues and obligations

arising from or in connection with this Agreement (including under paragraphs II, III and VI hereof) and any disputes relating to the

enforceability, formation, conscionability, and validity of this Agreement (including any claims that all or any part of this Agreement is void

or voidable) and the arbitrability of any disputes arising hereunder.

SECTION II: Financial and Custody Issues. Paragraph II:A regarding additional financial issues is optional. Parties may select II:A(1), II:A(2) or

II:A(3) (but not more than one of these paragraphs). Unless one of these options is chosen, the Beth Din of America will be without jurisdiction to address

matters of general financial disputes between the parties. For more information, see the instructions.

II:A(1). The parties agree that the Beth Din of

America is authorized to decide all monetary

disputes (including division of property and

maintenance) that may arise between them. We

choose to have paragraph II:A(1) apply to our

arbitration agreement.

Signature of

Husband-to-Be

Signature of

Wife-to-Be

II:A(2). The parties agree that the Beth Din of

America 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 II:A(2)

apply to our arbitration agreement.

Signature of

Husband-to-Be

Signature of

Wife-to-Be

II:A(3). The parties agree that the Beth Din of

America 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 II:A(3)

apply to our arbitration agreement.

Signature of

Husband-to-Be

Signature of

Wife-to-Be

II:B. The parties agree that the Beth Din of America 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 II:B apply to our arbitration agreement.

Signature of

Husband-to-Be

Signature of

Wife-to-Be

II:C.

The Beth Din of America 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 paragraph II:A or paragraph II:B.

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III.

Support Obligation. Husband-to-Be acknowledges that he recites and accepts the following:

I hereby now (me’achshav) obligate myself to support my Wife-to-Be 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 of our marriage, 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, and I recite

that I shall be deemed to have repeated this waiver at the time of our wedding. 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-to-Be refuses to appear upon due notice before the Beth Din of America or in the

event that Wife-to-Be fails to abide by the decision or recommendation of the Beth Din of America. Furthermore, Wife-to-Be 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-to-Be that she intends to collect the above sum. Said written notification must include Wife-to-Be’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 of America.

IV.

Opportunity for Consultation. 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 further acknowledges that he or she has been fully

informed of the terms and basic effect of this Agreement as well as the rights and obligations he or she may be giving up by signing this

Agreement. 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.

Governing Law. The decision of the Beth Din of America 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.

VI.

Rules, Default Judgment and Costs. The parties agree to appear in person before the Beth Din of America, at a location mutually convenient

to the arbitrators and the parties, at the demand of the other party, to cooperate with the adjudication of the Beth Din of America in every way

and manner, and to abide by the published Rules and Procedures of the Beth Din of America (available at www.bethdin.org), which are in

effect at the time of the arbitration. If either party fails to appear before the Beth Din of America upon reasonable notice, the Beth Din of

America may issue its decision despite the defaulting party’s failure to appear, and may impose costs and other penalties as legally

permitted. Both parties obligate themselves to pay for the services of the Beth Din of America. Failure of either party to perform his or her

obligations under this Agreement shall make that party liable for all costs, including reasonable attorney’s fees, incurred by one side in order

to obtain the other party’s performance of the terms of this Agreement.

VII.

Jurisdiction; Enforceability. By execution and delivery of this Agreement, each party consents, for itself and in respect of its property, to the

exclusive jurisdiction of the Beth Din of America with respect to the issues set forth in paragraph I. Each of the parties agrees that he or she

will not commence any action or proceeding relating to such issues in any court, rabbinical court or arbitration forum other than the Beth Din

of America. This Agreement constitutes a fully enforceable arbitration agreement, and any decision issued pursuant to this Agreement shall

be fully enforceable in secular court. Should any provision of this Agreement be deemed unenforceable, all other provisions shall continue to

be enforceable to the maximum extent permitted by applicable law. As a matter of Jewish law, the parties agree that to effectuate this

Agreement they accept now (through the Jewish law mechanism of kim li) whatever minority views determined by the Beth Din of America

are needed to effectuate the obligations, procedures and jurisdictional mandates contained in this Agreement.

VIII.

Counterparts. This Agreement may be signed in one or more duplicates, each one of which shall be considered an original.

In witness of all the above, the Husband-to-Be and Wife-to-Be have entered into this Agreement.

Signature of

Husband-to-Be

Signature of

Witness

Signature of

Witness

Signature of

Wife-to-Be

Signature of

Witness

Signature of

Witness

Notarization forms appear on the next page. For further information about notarization, see the instructions.

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Notarization Forms

Acknowledgment for Husband-to-Be

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

Acknowledgment for Wife-to-Be

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

In New York State, the officiating rabbi is qualified to notarize a prenuptial agreement, and he may use the following form.

For other states, please check local rules and regulations.

State of _________________ County of ______________

On the _____ day of ________in the year ______ , before me, the

undersigned, a person authorized to solemnize a marriage

pursuant to Domestic Relations Law § 11(1), 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 same in his capacity,

and that by his signature on the arbitration agreement, the

individual executed the agreement.

Officiating Clergy/Rabbi (print and sign name)

Address

State of _________________ County of _________________

On the _____ day of ________ in the year ______, before me, the

undersigned, a person authorized to solemnize a marriage

pursuant to Domestic Relations Law § 11(1), 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 same in her capacity,

and that by her signature on the arbitration agreement, the

individual executed the agreement.

Officiating Clergy/Rabbi (print and sign name)

Address

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INSTRUCTIONS

INTRODUCTION. Mazal tov on your upcoming marriage! 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. To enter

into the agreement, follow these five steps:



Read the agreement. A detailed guide explaining the provisions of the

agreement is also available at www.theprenup.org, and you can also discuss

the agreement with an attorney. You can also call or e-mail the Beth Din of

America (212-807-9042; inf[email protected]) with any questions.



Sign the agreement in front of witnesses and a notary. Put your initials on

the bottom of page 1, and sign the agreement on the bottom of page 2.

(Section II contains some optional provisions that you do not have to sign, but

if you want these provisions to be effective you should sign the appropriate

provisions.)



Have the witnesses sign in the spaces provided beneath your signatures.

The same people can witness each signature and sign twice, once under the

signature of the Husband-to-Be, and once under the signature of the Wife-to-

Be, or four witnesses can be used, each signing once.



Have the notary complete the notary block on page 3, sign it at the bottom,

and affix his or her notary stamp. Notaries can usually be found in banks, law

offices, etc. In New York State, the officiating rabbi can notarize the

agreement, even if he is not a notary. In New Jersey, any attorney who is

licensed to practice law in New Jersey can serve as the notary.



Husband-to-Be and Wife-to-Be should keep his or her own copy of this

Agreement in a safe place. In addition, scan the signed agreement, or take a

picture of it, and e-mail it to prenup@bethdin.org or fax it to (212) 807-9183.

The Beth Din of America will retain a copy of your signed agreement in its

confidential files in case it is ever needed.

These Tenaim Achronim (premarital agreement) should be discussed, and

then signed, as far ahead of the wedding day itself as is practically feasible.

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 of America 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-to-Be and Wife-to-Be may make regarding the

scope of matters to be submitted for determination to the Beth Din. These

alternatives are set forth in Section II. The Tenaim Achronim 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 II:A deals with financial matters related to division of marital property.

If Section II: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 of America will not be

authorized to resolve any additional monetary disputes between the parties.

Section II: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 II:B. They must,

however, understand that in many states secular courts retain final jurisdiction

over all matters relating to child custody and visitation. Section II: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

II:A or II:B are chosen. Section II:C only applies if the parties have authorized

the Beth Din under Section II:A or Section II:B, but then it applies as a matter

of course, reflecting normal Beth Din procedure. Thus Section II:C will apply to

all decisions authorized under Section II, unless the parties strike it out.

Striking out Section II:C, while discouraged by Jewish law, will not render the

entire Agreement invalid or ineffective.

ADDITIONAL FORMS. Some couples, for financial or other reasons, sign

other prenuptial 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 of America, or by

visiting www.theprenup.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 of America, which has disseminated this form Agreement.

Background information is available at www.theprenup.org.

In an Emergency: Outside of normal business

hours, questions may be addressed to Rabbi

Shlomo Weissmann, Director of the Beth Din of

America, at (646) 483-1188.

Beth Din of America

305 Seventh Ave., Suite 1201, New York, NY 10001

Tel: (212) 807-9042 Fax: (212) 807-9183

Email: info@bethdin.org

Web: www.bethdin.org www.theprenup.org

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This agreement was developed and is administered by the Beth Din of America. The Beth Din’s work is supported in part by the Communal

Fund of the Beth Din of America, which is funded through the generosity of the following synagogues.



PATRONS



Boca Raton Synagogue (Boca Raton, FL) Congregation Ahavath Torah (Englewood, NJ)

Yavneh (Los Angeles, CA) Congregation Rinat Yisrael (Teaneck, NJ)

Congregation Kehilath Jeshurun (New York, NY)

