The Beth Din Of America Binding Arbitration Agreement (Page 3 of 3) in pdf

NSTRUCTIONS

INTRODUCTION. This Agreement is intended to facilitate the

authorized to resolve any additional monetary disputes between the

timely and proper delivery of a get (Jewish divorce document.) When

parties.

a couple about to be married signs this Agreement they thereby

Section IV:B deals with matters related to child custody and

express their concern for each other's happiness, as well as their

visitation. If the parties choose to refer matters of child custody and

concern for all couples marrying in accordance with Jewish law.

visitation to the Beth Din for resolution, they may do so by signing

These Tenaim Achronim (premarital agreement) should be discussed,

this Section B. They must, however, understand that secular courts

and then signed, as far ahead of the wedding day itself as is

generally retain final jurisdiction over all matters relating to child

practically feasible. Full background materials and explanations can

custody and visitation. Section IV:C deals with the question of

be accessed at While it is preferable that

whether the Beth Din may take into consideration the respective

the mesader kiddushin (i.e., supervising rabbi at the wedding) take

parties' responsibility for the ending of the marriage when

responsibility for explaining the background for, and then imple-

Sections IV:A or IV:B are chosen. Section IV:C only applies if the

menting, the agreement itself – any other knowledgeable rabbi or

parties have authorized the Beth Din under Section IV:A or

individual, or the couple themselves, may coordinate the process.

Section IV:B, but then it applies as a matter of course, reflecting

Advice of proper legal counsel on both sides is certainly encouraged.

normal Beth Din procedure. Thus Section IV:C will apply to all

BINDING CIVIL COURT EFFECT. When properly executed, this

decisions authorized under Section IV, unless the parties strike it

Agreement is enforceable as a binding arbitration agreement in the

out. Striking out Section IV:C, while discouraged by Jewish law,

courts of the United States of America, as well as pursuant to Jewish

will not render the entire Agreement invalid or ineffective.

law (halakha). The supervising rabbi should explain this to the parties.

WITNESSES. There must be two witnesses to each signature. The

This Agreement should only be used when the parties expect to

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

reside in the United States upon marriage. Parties should contact the

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

Beth Din of America to inquire about appropriate forms when they

the Wife-to-Be, or four witnesses can be used, each signing once.

will be residing outside the United States. For those who will reside

in the United States, the Beth Din will appoint the proper dayanim

NOTARIZATION. It is not always legally required to have this

(arbitrators) to hear and resolve matters throughout the country.

Agreement notarized in order for it to be valid and enforceable. Each

couple should discuss this question with their legal advisors. Even if

CHOICE OF OPTIONS. The document has been designed to cover

there is no legal requirement for notarization, it is certainly a good

a range of decisions which the Husband-to-Be and Wife-to-Be

idea for it to be notarized; hence a notarization form is included in the

may make regarding the scope of matters to be submitted for

document. Notaries can usually be found in banks, legal offices, etc.

determination to the Beth Din. These alternatives are set forth in

Section IV. The Tenaim Achronim will be valid whether or not any of

ADDITIONAL FORMS. Some couples, for financial or other

the alternatives are chosen. If none of such alternatives are chosen, the

reasons, sign other prenuptial agreements. In such cases they may

Beth Din will decide matters relating to the get, as well as any issues

find it useful or practical to sign this document and incorporate

arising from this Agreement or the ketubah or the tenaim.

this arbitration agreement by reference into any additional

agreement. Additional forms and other material can be obtained

The Uniform Marriage and Divorce Act Section 307 is a general

from the offices of the Beth Din of America, or by visiting

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

SAFEKEEPING OF THIS FORM. Husband-to-Be and Wife-to-Be

divisions of property (for example persons with substantial assets at

should keep his or her own copy of this Agreement in a safe place.

the time of marriage or persons interested in taking advantage of the

For additional protection, we strongly advise sending a copy to the

particular decisions of a state where they will be married) should sign

Beth Din of America as well, for its confidential files.

a standard prenuptial agreement with the advice of counsel and

incorporate this arbitration agreement by reference.

FURTHER INFORMATION. Further information regarding this

Agreement, or further information concerning the procedures to

Section IV:A deals with financial matters related to division of

be followed for resolution of any matters or disputes covered by

marital property. If Section IV:A is chosen the Beth Din will be

this Agreement, may be obtained either from the Beth Din of

authorized to decide financial matters related to division of financial

America, or from The Orthodox Caucus, which has disseminated

property. The Beth Din can decide these financial matters in one of

this form of Agreement. Background information is available at

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

The Beth Din of America

The Orthodox Caucus

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

124 Cedarhurst Ave., Cedarhurst, NY 11516

Tel: (212) 807-9042

Tel: (516) 569-5977

Fax: (212) 807-9183

Fax: (516) 569-5897

Email:

Web:

IN AN EMERGENCY Outside of normal business hours, calls may be made to either Rabbi Yona Reiss, Director of the Beth Din of America,

at (917) 584-1337 or Rabbi Michael Broyde, Dayan of the Beth Din of America, at (917) 208-5011.

The Beth Din Of America Binding Arbitration Agreement Page 3

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