Wednesday, March 23, 2005

Post-Nuptual Agreements

Someone recently brought to me attention that noone has been pushing the BDA, post-nuptual agreement, which is basically the "agunah" pre-nup for couples that are already married.

Although Rabbis & others have been encouraged to not marry couples without a pre-nuptual agreement, the way to really effect change would be to have entire Synagogues and Communities sign them en masse. Just as synagogues have a "Shabbos Tilamdeni" or a Shabbos for Jewish Hospices", they should have a post-nup Shabbos.

I will not get into why the major Orthodox Jewish Org's have dropped the ball on this one, at that would serve no purpose, but rather I will just post the post-nup herehoping for this to bubble up through the blog-o-sphere.

THE BETH DIN OF AMERICA BINDING ARBITRATION AGREEMENT

THIS AGREEMENT MADE ON THE ________________ DAY OF THE MONTH OF _____________________________ IN THE YEAR 20 ___, IN THE CITY/TOWN/VILLAGE OF ______________________________STATE OF______________________
between:
HUSBAND: _________________________________________________________
RESIDING AT:_______________________________________________________
and:
WIFE:______________________________________________________________
RESIDING AT: ___________________________________________________________
The parties, who were married on , hereby agree as follows:

I. Should a dispute arise between the parties, so that they do not live together as husband and wife, they agree to refer their marital dispute to an arbitration panel, namely, The Beth Din of the United States of America, Inc. (currently located at 305 Seventh Ave., New York, NY 10001, tel. 212 807-9042, www.bethdin.org) for a binding decision.

II. The decision of the Beth Din of America shall be fully enforceable
in any court of competent jurisdiction.

III. The parties agree that the Beth Din of America is authorized to
decide all issues relating to a get (Jewish divorce) as well as any issues arising from this Agreement or the ketubah and tena'im (Jewish premarital agreements) entered into by the Husband and the Wife. Each of the parties agrees to appear in person before the Beth Din of America at the demand of the other party.

IV:A. The parties agree that the Beth Din of America is authorized to decide any monetary disputes (including division of property and maintenance) that may arise between them in accordance with the general principles of arbitration and equity customarily employed by the Beth Din of America.

IV:B. 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.

V. Failure of either party to perform his or her obligations under
this Agreement shall make that party liable for all costs awarded by either the Beth Din of America or a court of competent jurisdiction, including reasonable attorney's fees, incurred by one side in order to obtain the other party's performance of the terms of this Agreement.

VI. 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. The parties waive their right to contest the jurisdiction or procedures of the Beth Din of America or the validity of this Agreement in any other rabbinical court or arbitration forum other than the Beth Din of America. The parties agree to abide by the published Rules and Procedures of the Beth Din of America (which are available at www.bethdin.org, or by calling the Beth Din of America) which are in effect at the time of the arbitration. The Beth Din of America shall follow its rules and procedures, which shall govern this arbitration to the fullest extent permitted by law. Both parties obligate themselves to pay for the services of the Beth Din of America as directed by the Beth Din of America.

VII/A. The parties agree to appear in person before the Beth Din of
America at the demand of the other party, and to cooperate with the adjudication of the Beth Din of America in every way and manner. In the event of the failure of either party 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.

VII/B. Husband acknowledges that he recites and accepts the following: I hereby now (me'achshav), obligate myself to support my Wife 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 acknowledge, that I shall be deemed to have repeated this waiver at the time of our wedding. I acknowledge that I have 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 refuses to appear upon due notice before the Beth Din of America or in the event that Wife fails to abide by the decision or recommendation of the Beth Din of America.

VIII. Husband and Wife execute this document to further enhance the continued harmonious marital relationship between themselves as husband-and-wife. Furthermore, the mutual promises of the parties are consideration each for the other, and this agreement shall be fully enforceable in a court of competent jurisdiction.

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

X. This Agreement constitutes a fully enforceable arbitration
agreement. Should any provision of this Agreement be deemed unenforceable, all other surviving provisions shall still be deemed fully enforceable; each and every provision of this Agreement shall be severable from the other. As a matter of Jewish law, the parties agree that to effectuate this agreement in full form and purpose, 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 contained in Section VII and the procedures and jurisdictional mandates found in Sections I, II, III, IV and VI of this Agreement.

XI. 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. The obligations and conditions contained herein are executed according to all legal and halachic requirements.

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

SIGNATURE OF HUSBAND: ____________________
WITNESS: ____________________________________
WITNESS: _________________________________

SIGNATURE OF WIFE:________________________
WITNESS: ____________________________________
WITNESS: _________________________________
END OF DOCUMENT

[THIS DOCUMENT SHOULD BE PROPERLY NOTARIZED IN ACCORDANCE WITH RELEVANT LOCAL REQUIREMENTS]

Comments-[ comments.]

0 Comments:

Post a Comment

<< Home


Web Counter by TrafficFile.com Site Meter Add http://houseofhock.blogspot.com to your Kinja digest