Family and Inheritance Law
What a prenuptial agreement covers
A prenuptial agreement is a written contract between spouses that replaces the arrangement set by law for dividing property. Instead of waiting for a dispute, the couple decides in advance what remains each spouse's own and what is shared. These are the issues that come up in almost every agreement:
An apartment or property from before the marriage
Whether the property stays with the spouse who brought it, and what happens to any increase in its value or to renovations funded with joint money.
A business or a stake in a company
Separating the business from the family property, so that the end of the relationship does not harm the partners or the business's operations.
Inheritances and gifts
What was received from family, in the past or in the future, and how it is kept separate.
Savings and pension rights
Which savings will be divided, from what date, and which will remain each spouse's own.
Debts and loans
Who bears a debt taken on before the marriage or in the name of only one of the spouses.
Property to be bought later
A shared apartment, a car or investments: in whose name and in what share, settled from today.
Children's rights, for example to child support, are not determined in a prenuptial agreement between the parents. The agreement deals with the spouses' property.
Before or after the wedding: who approves the agreement
Under the Spouses (Property Relations) Law, 5733-1973, a prenuptial agreement requires approval, as does any change to it. Who may approve it depends on when the agreement is signed:
- Family Court
- The competent religious court
- A notary, for an agreement made before the marriage
- A marriage registrar, before the marriage or at the time it is solemnized
- Family Court
- The competent religious court
A notary or a marriage registrar does not approve an agreement signed after the wedding.
An agreement between married spouses that was not approved as the law requires may not stand as a prenuptial agreement, so the approval stage is part of the work, not an add-on to it.
What the approving authority checks
The court or the religious court approves a prenuptial agreement only after being satisfied that both spouses signed it freely and with an understanding of its meaning and its consequences. That is why it matters that the agreement be clear, that each party understand what they receive and what they give up, and that it not be signed under pressure, for example a few days before the wedding.
- Precise wording for each asset, so there is no dispute in the future over exactly what was agreed.
- Provisions for what happens when circumstances change: children, moving home, a new business.
- A mechanism for amending the agreement by consent, when the spouses wish to do so.
Common-law couples
Couples who live together without marrying can also draw up an agreement governing their property, sometimes called a cohabitation agreement. It is especially suitable when one partner moves into the other's apartment, or when buying property together. Many couples choose to have such an agreement approved by the Family Court to strengthen its standing.
And if there is no agreement
When there is no prenuptial agreement, married couples are subject to the balancing of resources arrangement set by law: when the marriage ends, the value of the assets accumulated during the marriage is divided between them. The law excludes from the balancing assets the spouses held on the eve of the marriage and assets they received as a gift or inheritance during the marriage. A prenuptial agreement makes it possible to set a different arrangement that suits the couple themselves.
The office also handles balancing of resources and division of property, divorce and maintenance, and wills and inheritance. More background on this area is on the page Family and Inheritance Law.
How it works at the office
- A meeting at the office in Ramat GanBy appointment, with both spouses or with one of them. You tell us what each of you has and what matters to you to settle.
- Draft and revisionsThe agreement is written according to what was agreed, and goes back and forth until every clause is clear to both of you.
- Signing and approvalSigning and approval before the appropriate authority, depending on timing: before the wedding or during the marriage.
The office serves private clients from all over Israel, as well as clients located abroad.
Frequently asked questions about prenuptial agreements
Must a prenuptial agreement be in writing?
Yes. Under the Spouses (Property Relations) Law, a prenuptial agreement is made in writing, and both the agreement and any change to it require approval by an authority empowered by the law.
Can a prenuptial agreement be signed after the wedding?
Yes. An agreement made during the marriage is approved by the Family Court or by the competent religious court. Approval by a notary or a marriage registrar is available only for an agreement made before the marriage or at the time it is solemnized.
What happens if there is no prenuptial agreement?
Without an agreement, married couples are subject to the statutory balancing of resources arrangement: when the marriage ends, the value of the assets accumulated during the marriage is divided between them, with exceptions set by law.
Can common-law couples sign a prenuptial agreement?
Yes. Couples who live together without marrying can draw up an agreement governing their property, and many couples choose to have it approved by the Family Court to strengthen its standing.
Can a prenuptial agreement that has already been approved be changed?
Yes, with the consent of both spouses. The law requires that the change also be approved, in the same way a prenuptial agreement is approved.
How do I start working with the office?
With a personal meeting at the office in Ramat Gan, by appointment. You can schedule one via WhatsApp or by phone at 054-668-0699.
The information on this page is general and does not constitute legal advice. Each agreement is examined according to the couple's own assets and circumstances.