A Suggested Antenuptial Agreement: A Proposal in Wake of Avitzur
Rabbi J. David Bleich

MEMORANDUM OF AGREEMENT made this ___________ day of _______ 57_____, corresponding to the ________ day of _________ 19 _____, in the City of ___________ State of __________ between __________, who resides at _______________ City of ______ State of _____________, and ___________, who resides at ________________, City of State of ________________________.

WHEREAS the aforementioned parties are presently to be united in matrimony as husband and wife; and

WHEREAS the parties desire that, should their marriage be dissolved by a civil court, there be no unjustified impediment to remarriage due to considerations of Jewish law:

THEREFORE, IT IS HEREBY AGREED by and between them that, should their marriage be annulled or dissolved by a civil court by means of an annulment or by means of a decree of divorce and should there arise a dispute of difference between the parties with regard to execution of a Jewish divorce known as a get, they will submit such dispute to a Beth Din for a binding decision in accordance with Jewish law. The parties hereby agree to refer all disputes and differences with regard to a get to award, order and final binding determination (of the Beth Din of the Central Congress of Orthodox Rabbis) (or: of the Beth Din of the Rabbinical Alliance of America) (or: of the Beth Din of the Rabbinical Council of America) (or: of the Beth Din of the Union of Orthodox Rabbis of the United States and Canada) (or: of a Beth Din composed of three qualified Rabbis, one Rabbi to be chosen by each of the parties and the third Rabbi to be chosen jointly by the two Rabbis named by the parties). Each of the parties agrees to appear in person before the Beth Din upon the request of the other party. The award or decision of the Rabbis or a majority of them shall be enforceable in any court of competent jurisdiction pursuant to the New York Law of Arbitration - CPLR ARTICLE 75.

The members of the Beth Din shall not be required to take an oath, nor to administer an oath to any witnesses at the hearing, nor to follow any particular rules or procedures except those generally followed at appearances before a Beth Din. The decision shall be rendered at the conclusion of the hearings or within thirty (30) days thereafter and a copy of the decision shall be delivered or mailed to each party. The decision shall be signed by the members of the Beth Din and, upon request of the prevailing party, they shall acknowledge their signature before a notary public so that it may be enforced in a court of competent jurisdiction.

IN WITNESS WHEREOF, Bride and Bridegroom have entered into this Agreement in the City of __________________, State of _______________________, U.S.A.

Witness:

Name: ________________ Bride: _____________

Address: _____________________

Signature:____________________

Witness:

Name: ________________ Groom: _____________

Address: _____________________

Signature:____________________

STATE OF ___________ COUNTY OF ___________________ On the day of ___________________ 19 ___ before me personally came __________________________________________ who resides at ________________________________ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.

__________________________________
NOTARY PUBLIC

STATE OF ___________ COUNTY OF ___________________ On the day of ___________________ 19 ___ before me personally came __________________________________________ who resides at ________________________________ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same.

__________________________________
NOTARY PUBLIC