Step-By-Step: How to Sign a Prenup
Where do I find the prenup?
You can find the halachic prenuptial agreement form at theprenup.org, a website operated by the Beth Din of America.
What information or documents will I need in order to sign the prenup?
Both signers (chosson and kallah) will need to fill in their names and addresses on the contract, and then sign it.
In most states, the prenup must also be notarized – witnessed, signed, and stamped by a notary public. You will both need to bring government ID (a driver’s license or passport) for the notary.
In addition to the notary, your signatures on the prenup must also be witnessed by two people. As this is a civil contract, any competent adult can be a witness.
Where can I find a notary?
Many banks, law offices, and UPS stores will have a notary on staff. If you are a customer of a bank, you can often use the notary services free of charge.
Who can be a witness?
The halachic prenup is a civil contract, so any competent person over age 18 can be a witness. Your witnesses can be male or female, Jewish or non-Jewish. You will need two witnesses.
What do I do with the prenup after I sign it?
You should sign and notarize two copies of the prenup, one for yourself and one for your chosson or kallah, to be kept in a safe location. You can also electronically submit a copy to a prenup registry, where it will be kept on file for you at no cost. You can send your prenup to ORA and the Beth Din of America here, or just to the Beth Din of America here.
When should I sign the prenup?
It is important to thoroughly read and understand a legal contract before you sign it. We recommend that couples sign the prenup at a convenient time in advance of their wedding.
Note: You must sign the prenup before signing your civil marriage certificate. This will be most relevant if you are planning to have a civil marriage ceremony before your religious ceremony. If you did not sign the prenup before signing your marriage certificate, you can sign a halachic postnuptial agreement instead.
You can sign the prenup after receiving your civil marriage license.