Prenuptial Binding Agreement Template - Standard Version (Page 4 of 5) in pdf

STANDARD

VERSION

INSTRUCTIONS

INTRODUCTION.

Mazal tov on your upcoming marriage! This Agreement is

CHOICE OF OPTIONS.

The document has been designed to cover a range of

intended to facilitate the timely and proper resolution of certain marital

decisions which the Husband-to-Be and Wife-to-Be may make regarding the

disputes. When a couple about to be married signs this Agreement they

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

thereby express their concern for each other’s happiness, as well as their

alternatives are set forth in Section II. The Tenaim Achronim will be valid

concern for all couples marrying in accordance with Jewish law. To enter

whether or not any of the alternatives are chosen. If none of such alternatives

into the agreement, follow these five steps:

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



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

Marriage and Divorce Act Section 307 is a general statement of the principles

agreement is also available at

and you can also discuss

of equitable distribution or community property proposed as a model law. It is

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

not the law of any particular state. Parties who wish greater certainty as to

America (212-807-9042;

) with any questions.

possible future divisions of property (for example, persons with substantial



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

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

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

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

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

standard prenuptial agreement with the advice of counsel and incorporate this

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

arbitration agreement by reference.

provisions.)

Section II:A deals with financial matters related to division of marital property.



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

If Section II:A is chosen, the Beth Din will be authorized to decide financial

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

matters related to division of financial property. The Beth Din can decide these

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

financial matters in one of three ways. The couple may choose one, but not

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

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



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

authorized to resolve any additional monetary disputes between the parties.

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

Section II:B deals with matters related to child custody and visitation. If the

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

parties choose to refer matters of child custody and visitation to the Beth Din

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

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



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

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

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

the question of whether the Beth Din may take into consideration the

picture of it, and e-mail it to

or fax it to (212) 807-9183.

respective parties’ responsibility for the ending of the marriage when Sections

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

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

confidential files in case it is ever needed.

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

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

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

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

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

While it is preferable that the mesader kiddushin (i.e., supervising rabbi at the

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

wedding) take responsibility for explaining the background for, and then

entire Agreement invalid or ineffective.

implementing the agreement itself, any other knowledgeable rabbi or

ADDITIONAL FORMS.

Some couples, for financial or other reasons, sign

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

other prenuptial agreements. In such cases they may find it useful or practical

proper legal counsel on both sides is certainly encouraged.

to sign this document and incorporate this arbitration agreement by reference

BINDING CIVIL COURT EFFECT.

When properly executed, this Agreement is

into any additional agreement. Additional copies of this document and other

enforceable as a binding arbitration agreement in the courts of the United

materials can be obtained from the offices of the Beth Din of America, or by

States of America, as well as pursuant to Jewish law (halakha). The super-

visiting

vising rabbi should explain this to the parties. This Agreement should only be

FURTHER INFORMATION.

Further information regarding this Agreement, or

used when the parties expect to reside in the United States upon marriage.

further information concerning the procedures to be followed for resolution of

Parties should contact the Beth Din of America to inquire about appropriate

any matters or disputes covered by this Agreement, may be obtained from the

forms when they will be residing outside the United States. For those who will

Beth Din of America, which has disseminated this form Agreement.

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

Background information is available at

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

Beth Din of America

In an Emergency: Outside of normal business

hours, questions may be addressed to Rabbi

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

Shlomo Weissmann, Director of the Beth Din of

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

America, at (646) 483-1188.

Email:

Web:

Page 4 of 5

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Prenuptial Binding Agreement Template - Standard Version Page 4

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