The following contract is our attempt to draft a document that will enable our children to marry in accordance with the laws of Moses and Israel in a manner that will not compromise ideals of freedom, equality, autonomy and marital partnership. It protects against get extortion, as well as cases of the husband’s absence or inability to give a get. We draw upon traditional prenups that are based upon increased spousal support, as well as on such suggestions as Rabbi Broyde’s tripartite agreement.
In this contract, a couple agrees that all matters relating to their marriage will be decided in a civil court, by civil law (para. 3); that the division of their marital property is not subject to the giving of the get (para. 1); and that a recalcitrant party shall pay increased support to his or her spouse from the time that they are living apart for 18 months and until the delivery and acceptance of a get (para. 2). It also makes it clear that the parties agree to marry on the express conditions that they do not live apart for 18 months or more and that neither of them has sued for divorce (para. 4).
A Contract For A Just, Fair, And Equal Jewish Marriage (Abridged Version)
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We, the undersigned bride and groom, (bride name and groom name) agree to marry in accordance with the laws of Moses and Israel in a manner that is just, fair, and equal.
In order to affect such a just, fair, and equal marriage, we agree to enter into our Jewish marriage on the following terms:
1. Division of Marital Property:
Should we live apart for 18 months or more, we agree that (a) either one of us shall have the right to petition the civil court to divide our marital property or to balance the resources accumulated during our marriage prior to the dissolution of our Jewish marriage --whether by the delivery of a bill of divorce (a get), or by annulment (see section 4, below); (b) the civil court shall be authorized, and we hereby waive any objection to such authority, to so divide/balance the said property/resources, as the case may be, between us, and (c) that such division/balance, as the case may be, shall be carried out solely based upon the state civil laws governing the definition and the disposition of marital property. The above notwithstanding, we agree that, if one side presents for any reason, by act or omission, a barrier to the other’s remarriage in accordance with Jewish law, the civil court shall have the discretion to stay the distribution of the marital property/balance of resources to the side presenting such a barrier.
Upon delivery of a Jewish bill of divorce to [bride name], and after she receives the distribution of marital property as contemplated above, she waives any claims she may have under her Ketubah (Jewish marriage contract).
2. Increased spousal support payments.
Should we live apart for a period of 18 months or more and either of us has sought or sued for a Jewish bill of divorce (Get), each of us agrees to pay the other monthly spousal support of $2,000, or the equivalent of ½ the monthly salary of the obligor (whatever is larger) until such time as our Jewish marriage is terminated by a Jewish bill of divorce delivered by [groom name] to [bride name] (as well as by a certificate of divorce, if we are living in Israel).
We agree that [groom name] will have no spousal support obligation under this clause to [bride name] should she refuse to accept an unconditional bill of divorce from him, at his request; similarly, shall have no spousal support obligation to [groom name] if [groom name] refuses to give her an unconditional bill of divorce, at her request.
3. Authorization:
We agree to authorize this agreement in such manner that it will be recognized as legal and binding by the state that has jurisdiction over our marriage. In addition, we agree that any disagreement that may arise regarding our marriage, or as a result of our marriage, including those relating to our children, shall be heard and decided solely by the civil courts.
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Bride Groom
_________________
date
_________________
Notary or marriage registrar
4. Condition, Annulment, and Agency:
[bride name] and [groom name] agree that each of us intend to enter into our marriage on the condition that subsequent to our marriage (1) neither of us has filed for divorce and (2) that we are not living apart for a period of 18 months or more. [groom name] hereby declares that these conditions are implied when he says the following words under the bridal canopy (the chuppah): “You are hereby betrothed to me by this ring in accordance with the laws of Moses and Israel.” We do hereby authorize a tribunal of 3 men to declare our marriage null and void retroactively in the event that the following two cumulative conditions occur: 1) we live apart for 18 months or more and ; 2) one of us files for a Jewish divorce in any rabbinic court whatsoever in the world.
In addition, [groom name] agrees that the delivery of a Jewish divorce to [bride name] under these circumstances would be in his interest and he does hereby appoint any person to act as his agent to deliver such bill of divorce to [bride name] in his stead.*
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Bride Groom
_________________
date
_________________
Witness
_________________
Witness
© Center for Women’s Justice
*At this juncture in time, CWJ doubts that the rabbinic courts in Israel will accept clause 4 as binding under the halakha. Nonetheless, it is our hope that in the future rabbinic courts and halakhic authorities will recognize the necessity for conditional marriages and will authorize their use.