Fillable Printable Prenuptial Agreement for Mutual Respect

Prenuptial Agreement for Mutual Respect

Entered into in _______ on the date of ______

Between ___________ I.D. ___________ (to be called hereinafter: the "Man")

As one party;

And _____________ I.D.____________ (to be called hereinafter: the "Woman")

As the second party;

Whereas The Man and the Woman (hereinafter: the "Couple") have mutually

agreed to be married under Jewish law (hereinafter: the "Marriage"),

Whereas The Couple desire to act with respect for each other and resolve

disputes among themselves with fairness in an agreeable manner,

Whereas The Couple have agreed to base their married life together on the

grounds of love, harmony, peace, equality, respect, consideration,

fairness and mutual concern,

Therefore, the Couple agree as follows:

Preamble

A. The preamble to this agreement constitutes an integral part thereof.

The Notice

B. A party who desires to live apart from the other may deliver written notice to the

other party (hereinafter: Notice Recipient) wherein the sending party

(hereinafter: the "Sender") requests to exercise the obligations of the other party

as set forth in clauses E' or F', as the case warrants (hereinafter: the "Notice").

The sending of a Notice by one party shall not prevent the sending of a Notice

by the other party as well.

The Notice shall be hand-delivered or dispatched by registered mail or an

alternative method of delivery in accordance with the Rules of Civil Procedure,

5744 - 1984.

The date of delivery of the Notice shall be called herein: the "Notification

Date".

The Sender may revoke the Notice in writing and may independently choose to

resend it.

The revocation of a Notice shall not affect the validity of a Notice sent by the

other party.

Rehabilitation of the Marriage

C. 1. The Notice Recipient may request to rehabilitate the Marriage with the

help of a professional counselor accepted by both parties (hereinafter:

"Marriage Counselor"). In the absence of an agreement among the

parties as to the identity of the Marriage Counselor, the Marriage

Counselor shall be appointed by the Israeli Association for Marital and

Family Therapy and Family Life Education.

2. The Couple undertake to appear before the Marriage Counselor for up to

three sessions. The Couple shall share equally in the payments for the

sessions with the Marriage Counselor.

3. The Marriage Counselor shall, no later than 180 days from the

Notification Date, deliver a letter to each member of the Couple which

will state if the Couple had or had not reached an agreement to rehabilitate

the Marriage. The letter shall also state if, in the Counselor's opinion,

further counseling would assist the Couple in rehabilitating their marriage,

notwithstanding the fact that an agreement had not been reached by the

Couple to rehabilitate the Marriage.

The Period

D. If 180 (one hundred and eighty) days passed since Notice was delivered by one

party on the Notification Date (hereinafter: the "Period") and the Couple had

not reached an agreement to rehabilitate the Marriage and the Marriage

Counselor had not written that in the Counselor's opinion further counseling

would assist the Couple in rehabilitating their marriage, then the Sender may

take all actions to exercise the obligations of the other party as set forth in

clause E' or F' herein, as applicable (hereinafter: the "Obligations").

If the Marriage Counselor had stated that, in the Counselor's opinion, further

counseling would assist the Couple in rehabilitating their marriage - the Period

shall be extended by an additional 90 days (hereinafter: the "Extended Period")

and clause C (2) shall apply to the Extended Period.

The Sender may, in writing, extend the Period or reduce the extension. The

extension of the Period by one party shall not extend the relevant period in

respect to the notice by the other party.

The Couple expressly agree that:

1. The duration of the marriage counseling, as set forth in clause C', is

included as part of the aforementioned Period, and shall not be extended

even if three sessions with the Marriage Counselor were not held.

2. Notwithstanding clause C' (2), the Sender of the Notice may take all steps

to exercise the Obligations at the expiration of the Period and the

Extended Period (if applicable) in any event, except in the event that a

Marriage Counselor was appointed and the Sender of the Notice failed to

appear upon a summons by the Marriage Counselor, as stated above.

The Obligations of the Couple

E. Obligations of the Man:

1. The Man hereby now (me'achshav) obligates himself from the date of

their marriage and as long as they are married in accordance with

Orthodox Jewish Law, to make monthly maintenance payments to the

Woman in the greater of the following two sums:

A. The shekel equivalent of $1,500 (one thousand

five hundred U.S. dollars) according to the

representative rate of the dollar published at the

time of actual payment.

B. A sum constituting 50% (fifty percent) of his mean monthly (net)

income of the year preceding the Notification Date.

Notwithstanding this obligation of maintenance payments by the Man, the

Woman agrees that she will be satisfied with the financial support she

receives, as customary and lawful from the date of the Marriage until the

expiration of the Period and the Extended Period (if applicable).

2. This obligation by the Man is not dependent on earnings received by the

Woman from a salary, wages, property or any other source, and may not

be deducted from any type of debts owed to him by the Woman.

3. Notwithstanding the Man's obligation to make monthly maintenance

payments as set forth in subclause 1, the Man, hereby now (me'achshav)

waives all lawful rights to income generated by the Woman during the

period in which the Woman is entitled to implement/exercise the

Obligations, including earnings, bonuses, found money and usufruct.

4. These Obligations are fully valid and enforceable regardless of any action

or omission by the Woman.

5. Notwithstanding subclause 4, these Obligations are rescinded if the

Woman refuses to terminate the Marriage as defined in clause G'

("Termination of the Marriage") or if she or her representative fails to

appear in the Beit Din at the designated time without a justifiable reason

for such absence.

F.Obligations of the Woman:

1. The Woman hereby now (me'achshav) obligates herself, to make monthly

maintenance payments to the Man from the expiration of the Period and

the Extended Period (if applicable) and as long as they are married in

accordance with Orthodox Jewish Law, in the greater of the following two

sums:

A. The shekel equivalent of $1,500 (one thousand five hundred U.S.

dollars) according to the representative rate of the dollar published

at the time of actual payment.

B. A sum constituting 50% (fifty percent) of her mean monthly (net)

income of the year preceding the Notification Date.

2. This obligation by the Woman is not dependent of earnings received by

the Man from a salary, wages, property or any other source, and may not

be deducted from any kind of debts owed to her by the Man.

3. Notwithstanding the Woman's obligation to make monthly maintenance

payments as set forth in subclause 1, the Woman, hereby now

(me'achshav), waives all lawful rights to income generated by the Man

during the period in which the Man is entitled to implement the

Obligations.

4. These Obligations are fully valid and enforceable regardless of any action

or omission by the Man.

5. Notwithstanding subclause 4, these Obligations are rescinded if the

Woman agrees to terminate the Marriage as defined in clause G'

("Termination of the Marriage") and if she or her representative appear

in the Beit Din, at the designated time, unless there is a justifiable reason

preventing her from doing so.

Termination of the Marriage

G. For purposes of the Obligations set forth in Clauses E' and F' above,

"Termination of the Marriage" shall mean: the end of the Marriage between

the Couple under Jewish Law without any reference or stipulation in any

manner or form to other matters that are associated with or are related to the

Termination of the Marriage. This includes: child custody, maintenance and

education issues, financial support, judicial authority, or any other related

matters (hereinafter: "Other Matters"). It is understood that a woman who

consents to end the marriage in accordance with Jewish law, even if she does

not consent to the terms or demands of the Other Matters, shall not be deemed

as refusing to terminate the Marriage.

Reservation of Rights

H. With the exception of the foregoing, this agreement shall not impair from the

rights of the Man and/or the Woman and/or the children and/or any other relief

available to any of the Couple and/or the distribution of property between the

Couple, as obligated by law and/or by an agreement among the parties and/or

the practice of the State. The initiation of legal proceedings shall not derogate

from the provisions of this agreement.

In order not to disrupt marital harmony, any action granting authority to a

juridical body shall be made upon mutual consent only. If no consent is given,

jurisdiction shall remain with the original authoritative body.

Validity of the Agreement

I. If a disagreement arises among the decisors of Jewish law regarding the validity

of the agreement or any provision therein under Jewish law, the Couple shall

adopt the method that grants validity to the surviving clauses of the agreement.

Each of the Couple undertakes to pay the other side any sum, and grants the

other party all rights in accordance with the method granting validity to the

surviving provisions of the agreement, such that the Jewish law mechanism of

kim li may not be asserted.

J. The Couple agree that if any section of the agreement is disqualified, stricken,

rendered invalid, unable to be performed or effectuated, the surviving sections

of the agreement shall remain intact and fully enforceable.

K. The refrain, postponement or delay by one of the Couple from claiming and/or

acting to effectuate a right granted to said party under this agreement, shall not

be considered a waiver or pardon of any such right, unless such waiver or

pardon is made in writing.

L. All of the obligations in this agreement are effective immediately as obligations

creating personal liability (shi'abud haguf), executed in an Esteemed Beit Din

(Beit Din Chashuv) and should not be regarded as an indecisive contractual

obligation (asmachta) or as a stereotyped form (ketufsei shtarot). Rather this

document shall be regarded as a valid monetary document like those

customarily used according to the traditions of Israel, in proper form and in

accordance with the rulings of our rabbinic sages of blessed memory. All of the

above stated conditions are made in accordance with the laws of the Torah, as

derived from the Book of Numbers Chapter 32 (tna'ei bnei gad v'reuven). Both

parties have stipulated that they will not invoke the release of obligations of the

Sabbatical Year. The validity of this agreement shall be as the validity of all

documents legislated by our sages of blessed memory, and the parties hereby

render null and void any previous declarations (modaot) and/or implied

statements (moda'ei modaot) that they may have made, no matter how far-

fetched or distantly implied, that could harm the validity of this agreement and

declare invalid any witnesses that may testify to any such declarations or

implied statements. The parties have accepted all of the above obligations via an

accepted effective halachic means of transaction (kinyan hamo'il), and by an

oath of the Torah (shvua). The signatures of the parties on this document shall

be an admission (hoda'a) to the declarations stated herein.

M. The Couple desire to validate this agreement in accordance with Jewish law, the

Property Relations Between Spouses Law, 6733 - 1973 (hereinafter: the "Law")

and all other laws.

N. A clause that is rejected may be deleted by the drawing of a line through the

clause accompanied by the abbreviated signatures of the Couple next to the

deletion. Changes to this agreement shall not be effective unless made in writing

with the approval of the competent judicial body.

O. The headings in this agreement are for convenience sake only and shall not be

accorded any significance in the translation of the agreement.

P. Any agreement or document that will be executed by the Couple subsequent to

the signing of this agreement, which does not contain an explicit reference to

this agreement, shall be interpreted in accordance with and subject to the

wording and provisions of this agreement.

Q. The Couple acknowledge and represent that they have read the agreement, that

it was explained to them and that they understood all the contents therein, and

that they are signing this agreement of their own free will, in the absence of any

coercion, after having been given an opportunity to consult with any person they

so desired, including legal counsel and an advisor on Jewish law.

R. Should either of the parties not reside in the State of Israel, or should for any

other reason this agreement not be deemed enforceable in the jurisdiction that

the parties reside in at the time that either one of them seeks enforcement of its

provisions, then the parties shall be deemed instead to have signed the Binding

Arbitration Agreement/Prenuptial Agreement recommended by the Beth Din of

America (which is located at 305 Seventh Avenue, New York NY, 10001) for

use in marriages and have consented to the Beth Din of America's rules and

procedures (as found at www.bethdin.org). A copy of this arbitration

agreement/prenuptial agreement can be found at

http://www.bethdin.org/publications.htm. This arbitration agreement/prenuptial

agreement is attached to the present agreement as Appendix "B" and the parties

acknowledge that they have read this agreement.

IN WITNESS WE SET OUR HAND:

______________________ ______________________

The Man The Woman

Appendix to the Prenuptial Agreement for Mutual Respect

Entered into in _______ on the date of ______

Between ___________ I.D. ___________ (to be called hereinafter: the "Man")

As one party

And _____________ I.D.____________ (to be called hereinafter: the "Woman")

As the second party

Whereas The Man and the Woman (hereinafter: the "Couple") have agreed to be

married according to Jewish law,

Whereas The Couple signed a prenuptial agreement on the date of _____________

and it is their desire to add the financial stipulations as set forth hereunder.

Therefore it is agreed among the Couple as follows:

Property relations

A. 1. Each of the Couple undertakes to pay the other all payments and grants

the other party all rights as obligated from the provisions of the Property

Relations Between Spouses Law, 5733 - 1973 and the competent

interpretations thereof as of the date of the division of the property,

including the Resources Balancing Arrangement.

2. The Woman is entitled to choose between effectuating the foregoing or

receiving the sum of NIS 50,000 (fifty thousand new shekels) linked to

the consumer price index as of January 16, 2003 until the actual date of

payment.

B. Notwithstanding the provisions of the aforementioned law, the Couple expressly

agree that:

1. The division of the property shall be effected at the expiration of the

Period and the Extended Period (if applicable) as defined in clause D' of

the prenuptial agreement.

2. This agreement shall not affect the Woman's right to the basic standard

sum of the Ketubah (ikar ktuba k'din), nonetheless, this sum is part of the

amount to which she is already entitled pursuant to the foregoing clause A'

in this Annex.

3. The Woman hereby waives the additional discretionary sum of the

Ketubah (tosefet l'ketubata). If the Woman anyhow accepts any sum as an

additional sum (tosefet ketuba) in the future, she is hereby obligated to

pay the Man immediately the sum she received as an additional sum

(tosefet ketuba).

Child Support

C. The Couple undertake to jointly support the children born to them, including the

value of their care in the amount proportionate to their financial abilities as

follows:

The Couple agree that in the determination of child support, the judicial body

that deliberates on the issue, shall take into account all of the resources of each

of the Couple, including: the share of each one in the division of the property,

the earning ability of each of the Couple, the identity of the custodial parent, the

extent of visitation arrangements, custody requirements, etc., with the aim of

arriving at a just determination for the division of the burden of child support.

The Couple undertake to pay all amounts pursuant to the above.

Validity of the Agreement

D. If a disagreement arises among the decisors of Jewish law regarding the validity

of the agreement or any provision therein under Jewish law, the Couple shall

adopt the method that grants validity to the surviving clauses of the agreement.

Each of the Couple undertakes to pay the other side any sum, and grants the

other party all rights in accordance with the method granting validity to the

surviving provisions of the agreement, such that the Jewish law mechanism of

kim li may not be asserted.

E. The Couple agree that if any section of the agreement shall be disqualified,

stricken, determined to be invalid, is unable to be executed or effectuated, the

surviving sections of the agreement shall remain intact and fully enforceable.

F. The refrain, postponement or delay by one of the Couple from claiming and/or

acting to effectuate a right granted to said party under this agreement, shall not

be considered a waiver or pardon of any such right, unless such waiver or

pardon is made in writing.

G. The Couple desire to validate this agreement in accordance with Jewish law, the

Property Relations Between Spouses Law, 6733 - 1973 (hereinafter: the "Law")

and any other law. The Couple acknowledge that the provisions of the Law shall

apply to them if not otherwise stated in the financial agreement signed among

them and approved or authenticated in accordance with the Law and it is their

desire that the provisions of the Law apply to them subject to the provisions of

this agreement.

H. All of the obligations in this agreement are effective immediately as obligations