Family Law & Divorce
A prenuptial agreement.Clear decisions, made in advance.Prenuptial agreement lawyer in Tel Aviv
A prenuptial agreement sets what happens to the couple's property if the relationship ends. Without one, the arrangement in the law applies. With one, you decide for yourselves.
It suits anyone coming into a marriage with a home, a business, savings, an expected inheritance or children from an earlier relationship. Couples starting out benefit from the conversation itself too.
A 15-minute call, by phone or video, directly with me. Booked in an online calendar, no account needed.
Without an agreement
For most couples married since 1974, Israel's Spouses (Property Relations) Law applies. When the marriage ends, what was built up during it is usually shared, including pension rights. What each brought into the marriage, and inheritances and gifts, usually stay with that spouse. The details are in the article on dividing assets.
What goes into the agreement
- A home one of you owned before the wedding, and what happens if you renovate it or pay the mortgage together.
- A business, shares or a partnership, and the part created during the marriage.
- Inheritances and gifts, including ones not yet received.
- Savings, pensions and study funds.
- Debts: whose each debt is.
- What happens to the shared home if you separate.
A home owned before the wedding
This is the most common question. A home one spouse owned before the marriage generally stays theirs. But when a couple lives in it together for years, renovates it with shared money or pays the mortgage together, the courts have in some cases recognised a share for the other spouse, depending on the circumstances and on what the couple intended. A written prenuptial agreement states the intention in advance, and the dispute is avoided.
A second marriage and children from an earlier relationship
Someone marrying again, with children from an earlier relationship, usually wants to protect what they have built. A prenuptial agreement sets how property is divided between the spouses. Who inherits what is left after death is set in a will, or by law where there is none. So it is worth thinking about the two together.
How it becomes binding
A prenuptial agreement must be in writing and approved to bind. Before the wedding it can also be approved by a notary or by the marriage registrar. After the wedding it needs the approval of the Family Court or a religious court. An agreement that was not properly approved may not bind.
Unmarried partners
Unmarried partners do not need approval for their agreement to bind, but a written cohabitation agreement matters even more for them, because the law on them is less certain. See the article on unmarried partners.
How it is done
A conversation with both of you, in which I hear what matters to each. Then a draft you read at home, changes, and finally signing and approval. Each of you may also consult a lawyer of your own.
Questions
01Can we sign a prenuptial agreement after the wedding?
Yes, but it then needs the approval of the Family Court or a religious court to bind.
02Does a prenuptial agreement also set child support and arrangements for children?
A prenuptial agreement deals with property. Arrangements for children and their support follow the children's best interests, and the court examines them itself.
03Can a prenuptial agreement be changed?
Yes. A change is made in a new agreement, which also needs approval to bind.
04What is the difference between approval by a notary and by a court?
Before the wedding the agreement can be approved by a notary, and at the wedding itself also by the marriage registrar. After the wedding only the Family Court or a religious court can approve it. Whoever approves it checks that you both signed freely and understand what the agreement means and what follows from it.
05Do we need a prenuptial agreement if we have no property today?
The agreement can also set what happens to property you build up in the future, and to inheritances not yet received. You do not have to sign one, but it is easier to agree when there is no dispute.
06How is it different from a cohabitation agreement?
A prenuptial agreement is between spouses who are marrying or married, and needs approval. A cohabitation agreement is between unmarried partners, and does not need approval to bind.
Representation that understands you.
It can start with a conversation.
A short first call to understand where you stand and what your options are. Confidential, with no obligation.
A 15-minute call, by phone or video, directly with me. Booked in an online calendar, no account needed.