California Prenuptial Agreement Form

If you need to set an agreement regarding breaking the assets of a marriage in the case of a divorce, you need to complete and submit this form.

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PC 1.0   Page 1 of 9  CALIFORNIA VERSION This document is a version of the Binding Arbitration Agreement that complies with California statutes that are applicable to agreements of this nature.  It consists of several parts:    California Premarital Agreement Instruction Sheet   Explanation of the Terms of the Premarital Binding Arbitration Agreement and Their Effect   Declaration of Receipt of the Explanation of Terms   The Beth Din of America’s California Premarital Binding Arbitration Agreement  Couples who wish to sign the agreement are required to read sections  and .  They should then proceed to sign the declarations in section , and the agreement in section .  !!  California Premarital Agreement Instruction Sheet !The State of California has specific requirements that must be met in order for a premarital agreement (also known as a prenuptial agreement, or pre-nup) to be valid. If a couple does not complete each requirement, and they later divorce, it is likely that the secular family law court will not enforce their premarital agreement, even if a Beit Din says that the agreement is enforceable under Jewish law.  The instructions cannot replace the advice of an attorney who is experienced in family law. It is strongly recommended that each member of the couple (the husband-to- be and the wife-to-be, also referred to as the “party” or “parties”) consult with his or her own attorney prior to entering into a premarital agreement to ensure that all secular legal requirements have been met. If a premarital agreement addresses spousal support, it is not enforceable if the person who is being asked to comply with the agreement was not represented by his or her own attorney at the time the agreement was signed.   The instructions set forth below do not encompass the entire law on premarital agreements in California. They are intended to assist couples to take the necessary steps to execute an enforceable premarital agreement. Any questions regarding this process should be posed to a competent family law attorney.   California law (Family Code sections 1610 – 1617) requires the following with regard to premarital agreements:  1.  Each party must provide to the other a full disclosure of his or her property and financial obligations.  The disclosure is normally accomplished through the parties’ exchange of two forms published by the California Judicial  Council - the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142). Each form must be completely filled out and served on the other party with supporting documents. Forms are available at http://www.courtinfo.ca.gov/forms/    2. Each party must waive, in writing, his or her right to a further disclosure.  This provision is contained in the Beth Din of America’s sample premarital agreement.   3.  If either party is not represented by his or her own attorney at the time the agreement is signed, the party must have been advised to retain his or her own attorney, and must sign a waiver, in a separate document from the premarital agreement, of representation.  A waiver sheet is included with the Beth Din of America’s sample premarital agreement. It must be executed as a separate document.   4. Seven days must elapse between the time that (i) each party receives the agreement and is advised to seek counsel, and the time that (ii) each party signs the agreement.

PC 1.0   Page 2 of 9  CALIFORNIA VERSION 5.  Each party must be fully informed - in writing - of the terms of the agreement and the effect of the agreement before the agreement is signed. Each party must be fully informed of the rights and obligations he or she may be giving up by signing the agreement. This information, and the agreement itself, must be provided to each party in a language in which each is proficient - meaning that each party must have a very good knowledge of the language of the agreement and the explanation of the effect of the agreement.  A sample explanation of the effect of the Beth Din of America’s premarital agreement is provided on the BDA’s website (in English).   6.  If either party is not represented by his or her own attorney at the time the agreement is signed, he or she must sign a document that says that he or she received the explanation of the agreement’s effect on his or her rights and obligations, and who provided the explanation.  A declaration that a party has received the required explanation is provided on the BDA’s website (in English).  !! An Explanation of the Terms of the Premarital Binding Arbitration Agreement and Their Effect!!The following document describes the terms contained in the Beth Din of America’s premarital Binding Arbitration Agreement (“the agreement”) and what the effect is of entering into the agreement. This document is intended to comply with California Family Code section 1615. It does not replace the advice of a competent family law attorney, nor does it guarantee that your premarital agreement will be enforced by a Court. You are strongly encouraged to consult with a competent family law attorney regarding the agreement before you sign it.  The terms of the agreement as described below apply equally to each party to the agreement. They go into effect if the parties to the agreement, the husband-to-be and the wife-to-be, stop living together as husband and wife. At that point, the parties are required to arbitrate the status of their marriage before the Beth Din. This means that if you get married and later separate from your spouse, you have agreed to have your Jewish divorce overseen by the Beth Din and you agree to follow their order regarding your Jewish divorce. If you refuse to go to the Beth Din once you separate, your spouse could ask the secular civil court to require you to do so, and you will be subject to the penalty described in the agreement, which is further explained below.  You are not required by secular law to get a Jewish divorce. Jewish law requires divorcing Jewish couples to get a Jewish divorce. This is accomplished through a beit din (Jewish court) proceeding.  The agreement also gives the secular family law court the power to enforce the Beth Din’s decisions. Without a binding arbitration agreement, the secular court has no power to enforce the decisions made by a religious court.  Once you sign the agreement, you are giving the Beth Din of America (or its designee), or any other beit din you specify, the power to make orders regarding your get, your Jewish premarital conditions (tena’im) and your ketubah if you later separate. You will be required, unless you and your spouse agree otherwise or the beit din makes different orders, to use the beit din specified in the agreement.  Either party may require the other to appear before the Beth Din, in person. If you refuse to do so, you will be responsible for any fees and costs that the beit din orders, including attorney fees, and such an order is enforceable in secular court. Each party must cooperate with the Beth Din’s procedures and orders. If either party fails to appear before the Beth Din after having been told when to appear, the Beth Din can make a decision regarding your marriage and the costs involved in the proceeding without your being present. Without the agreement, the secular court could not order you to go to a beit din, nor would it have any obligation to uphold any order of the beit din unless you signed an arbitration agreement with the beit din.  Each party is agreeing that the Beth Din’s decisions shall be based on Jewish law, rather than on secular law. If you took your marital dispute to the California civil court, the court would apply secular law to your case. You are also giving the Beth Din the power to order you to pay for the Beth Din’s services in whatever allocation the Beth Din decides. If you and your spouse stop living together but remain married according to Jewish law, the agreement requires each of you to pay to the other the equivalent of $150 per day as of the day you married . This $150 per day payment is not intended to be a spousal support payment under secular law and does not replace any secular legal obligation either party may have to pay the other spousal support. The husband is waiving his Jewish law right to his wife’s earnings during this time. The wife is waiving her Jewish law rights to food and support from her

PC 1.0   Page 3 of 9  CALIFORNIA VERSION husband during this time. As long as both spouses are obligated to make this payment to the other, neither is required to actually make a payment, because each has the same obligation to the other. Neither spouse is waiving any right to support under secular law, and each can pursue support orders in the secular family law court. If you do not enter into this agreement, the legal obligation to pay each other after separation would not exist without a secular court’s support order.  If either party refuses to appear before the Beth Din or refuses to follow the rulings and recommendations of the Beth Din, the other party no longer has to make the $150 equivalent per day payment. This means that instead of each party owing it to the other, the spouse who refuses to go to the Beth Din or to abide by its rulings has to pay the money to the other spouse. The spouse to whom the money is owed can go to secular court to ask that the agreement be enforced and for an order that the money be paid. It the parties do not enter into this agreement, the secular court cannot order either spouse to participate in arbitration before a beit din and cannot make any orders penalizing either spouse for not participating in a beit din proceeding or abiding by a beit din’s decisions.   Declarations of Receipt of the Explanation of Terms ! HUSBAND’S DECLARATION   I, _____________________________________, hereby declare as follows:   1.  I  am  a  party  to  the  Beth  Din  of  America  Binding  Arbitration  Agreement  with  ______________________________,  which  sets  forth obligations  between  me  and  my Wife-to-Be  should  we  separate  and  stop  living  together  as  husband  and  wife.  I  make  this  declaration from personal knowledge.   2. I have not been, and am not represented by counsel with respect to the arbitration agreement. I have been advised to consult with an attorney,  and  have  chosen  not  to.  I  understand  that  the  arbitration  agreement  affects  my  rights  and  obligations  should  my  spouse  and  I choose not to live together as husband and wife.   3.  I have received a written explanation of the effect of the agreement on my rights and obligations. The explanation was provided to me by ______________________________. I am proficient in English and I understand the explanation that was provided to me.   4.  I received the agreement and was advised to consult with an attorney at least seven days before I signed the agreement.  I declare the foregoing to be true under penalty of perjury under the laws of the State of California.   Executed the _____ day of ___________________________, in the county of _____________________.    ________________________________________  (Signature)   ________________________________________   (Print name)

PC 1.0   Page 4 of 9  CALIFORNIA VERSION   WIFE’S DECLARATION   I, _____________________________________, hereby declare as follows:   1.  I  am  a  party  to  the  Beth  Din  of  America  Binding  Arbitration  Agreement  with  ______________________________,  which  sets  forth obligations between me and my Husband-to-Be should we separate and stop living together as husband and wife. I make this declaration from personal knowledge.   2. I have not been, and am not represented by counsel with respect to the arbitration agreement. I have been advised to consult with an attorney,  and  have  chosen  not  to.  I  understand  that  the  arbitration  agreement  affects  my  rights  and  obligations  should  my  spouse  and  I choose not to live together as husband and wife.   3.  I have received a written explanation of the effect of the agreement on my rights and obligations. The explanation was provided to me by ______________________________. I am proficient in English and I understand the explanation that was provided to me.   4.  I received the agreement and was advised to consult with an attorney at least seven days before I signed the agreement.  I declare the foregoing to be true under penalty of perjury under the laws of the State of California.   Executed the _____ day of ___________________________, in the county of _____________________.    ________________________________________  (Signature)   ________________________________________   (Print name)     The  Beth  Din  of  America’s  California  Premarital Binding Arbitration Agreement  The Beth Din of America’s California Premarital Binding Arbitration Agreement begins on the next page.

PC 1.0   Page 5 of 9  CALIFORNIA VERSION    Please note that Jewish law requires that parties to any dispute must seek to submit that dispute to a rabbinical court before Jewish Law permits  them  to  sue  in  secular  court.    This  agreement  does  not  compel  parties  to  submit  all  aspects  of  a  marriage  dispute  to  a  rabbinical  court; parties  parties need to sign an additional arbitration agreement to accomplish that goal.  For such an agreement, please contact the Beth Din of America  at 212-807-9042 or at [email protected].    THIS AGREEMENT made on the    day of the month of   in the year 20________, in the City/Town/Village of  , State of    between Husband-to-be:      residing at:       and Wife-to-Be:     residing at:     The parties, who intend to be married in the near future, hereby agree as follows: I.  Should  a  dispute  arise  between  the  parties  after  they  are  married,  so  that  they  do  not  live  together  as  husband  and  wife,  they  agree  to  refer  their marital dispute (but not issues relating to spousal or child support, property, property division or custody obligations), 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), or any other Beth Din specified in writing by the Beth Din of America before proceedings commence, for a binding decision.  The defined term for the Beth Din of America or any such Beth Din specified by the Beth Din of America shall be “the Beth Din”.  II.  The decision of the Beth Din shall be fully enforceable in any court of competent jurisdiction. III.  The parties agree that the Beth Din 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-to-Be and the Wife-to-Be. Each of the parties agrees to appear in person before the Beth Din at the demand of the other party.   IV.  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 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. V.  The decision of the Beth Din 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 or the validity of this Agreement in any other rabbinical court or arbitration forum other than the Beth Din. 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 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 as directed by the Beth Din. VI.  The parties agree to appear in person before the Beth Din at the demand of the other party, and to cooperate with the adjudication of the Beth Din in every way and manner. In the event of the failure of either party to appear before the Beth Din upon reasonable notice, the Beth Din may issue its decision despite the defaulting party's failure to appear, and may impose costs and other penalties as legally permitted. VII:A Husband-to-Be acknowledges that he recites and accepts the following:  I  hereby  now (me'achshav), obligate  myself  to  support  my  Wife-to-Be  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 recite that I shall be deemed to have repeated this waiver at the time of our wedding. I acknowledge that I have now (me’achshav) effected the above obligation by means of a kinyan (formal Jewish transaction) in an esteemed (chashuv) Beth Din as prescribed by Jewish law.

PC 1.0   Page 6 of 9  CALIFORNIA VERSION  However, this support obligation shall terminate if Wife-to-Be refuses to appear upon due notice before the Beth Din or in the event that Wife-to-Be fails to abide  by  the  decision  or  recommendation  of  the  Beth  Din. This  support  obligation  under  Jewish  law  is  independent  of  any  civil  or  State  law obligation for spousal support, or any civil or State law imposed order for spousal support.   VII:B Wife-to-be acknowledges that she recites and accepts the following: I  hereby obligate myself to  my  Husband-to-Be  to  discharge  all  duties  incumbent  upon  me  in  the  manner  of Jewish  wives  who  care  for  their husbands loyally. If we do not continue domestic residence together for whatever reason, then I now (me'achshav) obligate myself to pay my Husband-to-Be $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)  for  all  his  domestic  needs  from  the  day  we  no  longer continue domestic residence together, so long as the two of us remain married according to Jewish law, even if he has another source of income or earnings.  Furthermore,  I  waive  my halakhic rights to food  and  support  for  the  period  that  he  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 now (me’achshav) 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 obligation shall terminate if Husband-to-Be refuses to appear upon due notice before the Beth Din or in the event that Husband-to-Be fails to abide  by  the  decision  or  recommendation  of  the  Beth  Din. This  support  obligation  under  Jewish  law  is  independent  of  any  civil  or  State  law obligation for spousal support, or any civil or State law imposed order for spousal support.  VII:C The payment obligations set forth in paragraphs VII:A and VII:B above shall be subject to offset by each other so long as both shall be payable and shall not otherwise be subject to offset.   VIII.  This Agreement may be signed in one or more duplicates, each one of which shall be considered an original.  IX.  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 are needed to effectuate the obligations contained in Section VII and the procedures and jurisdictional mandates found in Sections I, II, III and VI of this Agreement. X.  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. Each of the parties further acknowledges that he or she has provided to the other party and received from the other party a fair, reasonable, and full disclosure of their property and financial obligations, and that each party voluntarily and expressly waives any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided. Each of the parties acknowledges that he or she has been fully informed of the terms and basic effect of this agreement as well as rights and obligations they may be giving up by signing the Arbitration Agreement and that they are proficient in the language in which the explanation of their rights was conducted, and in which this agreement is written. The obligations and conditions contained herein are executed according to all legal and halachic requirements.  In witness of all the above, the Husband-to-Be and Wife-to-Be have entered into this Agreement.Signature of Husband-to-Be   Signature of Witness Signature of Witness Signature of Wife-to-Be   Signature of Witness Signature of Witness

PC 1.0   Page 7 of 9  CALIFORNIA VERSION  Attorney’s Certification: Husband-to-Be I am an attorney at law, licensed and admitted to practice in the State of California.  I have been consulted by the Husband-to-Be.  I have advised and consulted  with  him  with  respect  to  the  issues  covered  by  this  Agreement,  and  have  fully  explained  to  him  the  legal  significance  of  the  foregoing Agreement  and  the  effect  it  has  upon  his  rights  as  a  matter  of  California law.   Husband-to-Be  has  also  been  advised  to  consult  an  Orthodox  rabbi  to explain  the  Jewish  law  and  significance  in  Jewish  law  of  the  foregoing  Agreement.    No  advice  is  being  given  by  the  undersigned  regarding  the "halachic"  Jewish  law  and  significance  in  Jewish  law  of  the  foregoing  Agreement.  No  waiver  of  the  attorney-client  privilege  is  intended  by  this certification.  ________________________________      Dated:   ______________   Attorney at Law    Attorney’s Certification: Wife-to-Be I  am  an  attorney  at  law,  licensed  and  admitted  to  practice  in  the  State  of  California.    I  have  been  consulted  by  the Wife-to-Be.    I  have  advised  and consulted  with  him  with  respect  to  the  issues  covered  by  this  Agreement,  and  have  fully  explained  to  him  the  legal  significance  of  the  foregoing Agreement  and  the  effect  it  has  upon  his  rights  as  a  matter  of  California law.   Husband-to-Be  has  also  been  advised  to  consult  an  Orthodox  rabbi  to explain  the  Jewish  law  and  significance  in Jewish law of the foregoing Agreement.  No advice is being given by the undersigned regarding the "halachic"  Jewish  law  and  significance  in  Jewish  law  of  the  foregoing  Agreement.  No  waiver  of  the  attorney-client  privilege  is  intended  by  this certification.  ________________________________      Dated:   ______________   Attorney at Law     Waiver of Right to Counsel  If the parties are not represented by counsel, the unrepresented party(ies) must execute an express waiver of representation by independent counsel.  I have been fully informed of the terms and basic effect of the above agreement, as well as rights and obligations I may be giving up by signing this agreement.  I am proficient in the language in which the explanation of my rights was conducted (English), and in  which  this  agreement  is  written  (English).   I  understand  that  this  agreement  authorizes  the  Beth  Din  of  America  to  decide matters related to the giving and receiving of a Jewish divorce and to impose support obligations, independent of California law, so long as the parties remain married according to Jewish law.  Signature of Husband-to-Be: ____________________    Witness:  ___________________________________  Witness:  ___________________________________  Signature of Wife-to-Be:________________________ Witness:  ___________________________________  Witness:  ___________________________________

PC 1.0   Page 8 of 9  CALIFORNIA VERSION Acknowledgement of Husband-to-Be  STATE OF CALIFORNIA    )               ) ss. COUNTY OF ___________ )   On _______________, 20__, before me,  ________________________(Name  of  Notary),  personally  appeared  _________________________ (name of Husband-to-Be), who proved to me on the basis of satisfactory evidence to be the person(s) whose name is subscribed to the within instrument and acknowledged  to  me  that  he  executed  the  same  in  his  authorized  capacity,  and  that  by  his  signature  on  the  instrument  the  person  executed  the instrument.  I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.  WITNESS my hand and official seal.    Signature_____________________________(Seal)     Acknowledgement of Wife-to-Be  STATE OF CALIFORNIA    )                               ) ss. COUNTY OF ___________ )   On  _______________,  20__,  before  me, ________________________ (Name  of  Notary),  personally  appeared ___________________________________ (name  of  Wife-to-Be),  who  proved  to  me  on  the  basis  of  satisfactory  evidence  to  be  the  person  whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person executed the instrument.  I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.  WITNESS my hand and official seal.    Signature_____________________________(Seal)

PC 1.0   Page 9 of 9  CALIFORNIA VERSION SUPPLEMENTARY INSTRUCTIONS.  These  instructions  supplement  the  instructions  that  are  particular  to  the  California  version  of  the  Binding Arbitration Agreement.  Those instructions begin on page 1 of this document. INTRODUCTION. This  Agreement  is  intended  to  facilitate  the  timely  and proper  resolution  of  certain  marital  disputes.    When  a  couple  about  to  be married  signs  this  Agreement  they  thereby express their concern for each other's  happiness,  as  well  as  their  concern  for  all  couples  marrying  in accordance  with  Jewish  law.  These Tenaim Achronim (premarital  agreement) should  be  discussed,  and  then  signed,  as  far  ahead  of  the  wedding  day  itself as is practically feasible. Full background materials and explanations can be accessed at www.bethdin.org or www.theprenup.org. While it is preferable that the mesader  kiddushin (i.e.,  supervising  rabbi  at  the  wedding)  take responsibility  for  explaining  the  background  for,  and  then  implementing  the agreement  itself – any other knowledgeable rabbi or individual, or the couple themselves,  may  coordinate  the  process.  Advice  of  proper legal counsel on both sides is certainly encouraged. BINDING CIVIL COURT EFFECT. When properly executed, this Agreement is enforceable  as  a  binding  arbitration  agreement  in  the  courts  of  the  United States  of  America,  as  well  as  pursuant  to  Jewish  law  (halakha).  The  super-vising  rabbi  should  explain  this  to  the  parties.  This  Agreement  should  only  be used  when  the  parties  expect  to  reside  in  the  United  States  upon  marriage. Parties  should  contact  the  Beth  Din  of  America  to  inquire  about  appropriate forms when they will be residing outside the United States. For those who will reside  in  the  United  States,  the  Beth  Din  will  appoint  the  proper dayanim (arbitrators) to hear and resolve matters throughout the country. CHOICE OF OPTIONS. The document has been designed to cover a range of decisions  which  the  Husband-to-Be  and  Wife-to-Be  may  make  regarding  the scope  of  matters  to  be  submitted  for  determination  to  the  Beth  Din.  These alternatives  are  set  forth  in  Section  IV.  The Tenaim  Achronim will  be  valid whether or not any of the alternatives are chosen. If none of such alternatives 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 Marriage and Divorce Act Section 307 is a general statement of the principles of equitable distribution or community property proposed as a model law. It is not  the  law  of  any  particular  state.  Parties  who  wish  greater  certainty  as  to possible  future  divisions  of  property  (for  example  persons  with  substantial assets at the time of marriage or persons interested in taking advantage of the particular  decisions  of  a  state  where  they  will  be  married)  should  sign  a standard prenuptial agreement with the advice of counsel and incorporate this arbitration agreement by reference.  Section IV:A deals with financial matters related to division of marital property. If  Section  IV:A  is  chosen  the  Beth  Din  will  be  authorized  to  decide  financial matters related to division of financial property. The Beth Din can decide these financial  matters  in  one  of  three  ways.  The  couple  may  choose  one,  but  not 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 authorized to resolve any additional monetary disputes between the parties.  Section  IV:B  deals  with  matters  related  to  child  custody  and  visitation.  If  the parties choose to refer matters of child custody and visitation to the Beth Din for resolution,  they may  do  so  by  signing  this  Section  IV:B.  They  must,  however, understand that secular courts generally retain final jurisdiction over all matters relating  to  child  custody  and  visitation.  Section  IV:C  deals  with  the  question  of whether  the  Beth  Din  may  take into  consideration  the  respective  parties' responsibility  for  the  ending  of  the  marriage  when  Sections  IV:A  or  IV:B  are chosen.  Section  IV:C  only  applies  if  the  parties  have  authorized  the  Beth  Din under  Section  IV:A  or  Section  IV:B,  but  then  it  applies  as a matter of course, reflecting  normal  Beth  Din  procedure.  Thus  Section  IV:C  will  apply  to  all decisions  authorized  under  Section  IV,  unless  the  parties  strike  it  out.  Striking out  Section  IV:C,  while  discouraged  by  Jewish  law,  will  not  render  the  entire Agreement invalid or ineffective.  WITNESSES. There  must  be  two  witnesses  to  each  signature.  The    same  people can witness each signature and sign twice, once under the signature of the  Husband-to-Be,  and  once  under  the  signature  of  the  Wife-to-Be,  or  four witnesses  can  be  used,  each  signing  once.    It  is  preferable  that  each  page  of the agreement be initialed by both parties. NOTARIZATION. It  is  not  always  legally  required  to  have  this  Agreement notarized in order for it to be valid and enforceable. Each couple should discuss this  question  with  their  legal  advisors.  Even  if  there  is  no  legal  requirement  for notarization,  it  is  certainly  a  good  idea  for  it  to  be  notarized;  hence  a notarization form is included in the document. Notaries can usually be found in banks,  legal  offices,  etc.    In  New  York  State,  the  officiating  rabbi  can  notarize the prenuptial. ADDITIONAL FORMS. Some couples, for financial of other reasons, sign other prenuptial agreements. In such cases they may find it useful or practical to sign this  document  and  incorporate  this  arbitration  agreement  by  reference  into  any additional  agreement.  Additional  copies  of  this  document  and  other  materials can  be  obtained  from  the  offices  of  the  Beth  Din  of  America,  or  by  visiting www.bethdin.org or www.theprenup.org. SAFEKEEPING  OF  THIS  FORM. Husband-to-Be  and  Wife-to-Be  should  keep his or her own copy of this Agreement in a safe place. For additional protection, we  strongly  advise  sending  a  copy  to  the  Beth  Din  of  America  as  well,  for  its confidential  files.    Copies  may  be  faxed,  or  scanned  and  e-mailed  to [email protected].  FURTHER  INFORMATION. Further  information  regarding  this  Agreement,  or further  information  concerning  the  procedures  to  be  followed  for  resolution  of any  matters  or  disputes  covered  by  this  Agreement,  may  be  obtained  from  the Beth Din of America, which has disseminated this form Agreement. Background information is available at www.bethdin.org or www.theprenup.org. Beth Din of America 305 Seventh Ave., Suite 1201, New York, NY 10001 Tel: (212) 807-9042Fax: (212) 807-9183 Email: [email protected] Web: www.bethdin.org  www.theprenup.org   In  an  Emergency: Outside of normal business hours,  calls  may  be  made  to  either  Rabbi  Shlomo Weissmann,  Director  of  the  Beth  Din  of  America,  at (646)  483-1188  or  Rabbi  Michael  Broyde,  Dayan  of the Beth Din of America, at (917) 208-5011.