CWJ's secular marriage prenup - Declaration of Partnership - protects couples who marry in a ceremony deemed non-halkhic by Israel's Chief Rabbinate. The Declaration of Partnership prenup is available only in Hebrew at the present time. Click here to download. 

What is the purpose of the agreement?

• The purpose of the agreement is to provide a couple with a legal framework for their life together according to their beliefs, without marrying in accordance with Jewish law.
• The agreement serves as evidence that the relationship between the couple constitutes a common law marriage.

What does the agreement include?

• Legal definition of the partnership: The couple defines their relationship as a common law marriage, and declares that they do not wish to be married according to Jewish law; they further state that this agreement between them will stand even if they marry in a civil marriage ceremony.
• Civil court jurisdiction: The couple agrees that the in the case of a disagreement between them, the civil courts shall have exclusive jurisdiction and neither of them will go to the rabbinic courts.
• Sharing of property: The couple agrees that the principles of commonly owned property will apply to assets accumulated during their shared life.
• Preventing get refusal: For greater assurance, the couple creates mechanisms to prevent get refusal, in the event that the couple needs to arrange a get.

Why is there a reference to the possibility of Get refusal?

It is difficult to foresee the rabbinic courts’ attitude regarding a common law marriage. Therefore, the agreement includes various mechanisms to ensure prevention of get hindrance. It bears noting that in a case of civil marriage, in most cases the rabbinic courts require the couple to arrange a halakhic get.

How do you sign the agreement?

• The signing of the agreement (clauses 1-8) should be done before the family court or it should be notarized. If the couple marries in a civil ceremony, they must have the agreement approved by a notary prior to the wedding or before the family court after the wedding has taken place. The halakhic shtar (clauses 9-10) must be signed before two (2) witnesses qualified according to Jewish law to serve as such, who must also sign the shtar.
• We recommend that any couple who wishes to sign this agreement consult with a lawyer.