Divorce is painful for all those involved. If a marriage deteriorates beyond repair the “Gedolei Yisroel endorsed Prenuptial Agreement between Chosson and Kallah” (the “Agreement”) provides a clearly defined path to streamline the divorce process, and reduce the parents’ and children’s pain and suffering. 

Some of the highlights of the Agreement are as follows:

1. A specific Beth Din is designated to oversee the separation/divorce process (par. 1).
2. Attorneys and toanim must follow Protocols for Professional Conduct before Beth Din (par. 2).
3. Beth Din will determine whether Shalom Bayis (reconciliation between the husband and wife) is a viable option (par. 6).
4. The parties agree to Protocols of Kosher Home and Sabbath Observance in Custody Matters (i.e., that their children will continue to be raised in a Kosher and Sabbath observant home (par. 8).
5. Beth Din will replace, within 30 days, any dayan unable or unwilling to serve on its panel (par. 14).
6. Beth Din will schedule the initial Beth Din session within approximately 2 weeks of request by either party (par. 15).
7. Within its first session, Beth Din will set an interim payment amount as is necessary for the continuation of the household, and for the children to continue to attend yeshivos (par. 16).
8. Beth Din may continue to hear testimony, consider evidence and arguments and arrive at temporary decisions in the absence of a defaulting party who refuses to appear before Beth Din (par. 19).
9. Beth Din must record all proceedings at its sessions (par. 25).
10. Beth Din’s award may not be appealed, but the award may be submitted to a court of law for enforcement (par. 27).
11. Except for the Beth Din fees, which are split evenly among the parties, the defaulting party shall pay all fees necessary to enforce the rulings of Beth Din (par. 31).
12. The parties agree not to resort to Heter Meah Rabonim, Heter Nisuin or Bitul kedushin if the wife is willing and able to accept a Get (par. 36).
13. The proceedings should be finalized as quickly as possible: 6-8 months for non-custody cases; 1 year to 18 months for cases involving child custody (par. 42).

IMPORTANT NOTE: The Agreement is a legal document spelling out the rights and obligations of each party. The parties and their representatives should therefore read the Agreement carefully before signing.