A prenup is usually signed at the start of the journey, but life changes: children are born, a home is bought, a business succeeds or fails. It is natural to ask whether the agreement is fixed forever. The answer is that it can be changed, but only in certain ways.
Changing it by agreement
The simplest way is for both spouses to agree on a change. In that case an amended agreement is drawn up, and it must be approved exactly like the original. If the couple are already married, approval is given by the Family Court or the religious court. A change made only in writing between the spouses, without approval, may not have the force of a property agreement. For the approval routes, see how a prenup is approved in Israel.
Cancellation without both parties’ consent
When one spouse wants to cancel the agreement and the other objects, the decision moves to the court. Israeli courts tend to uphold property agreements that were properly approved, and cancel them only in exceptional cases. Examples of situations that are examined:
- A claim that the agreement was signed under duress or exceptional pressure.
- A claim of misrepresentation, for example concealment of significant assets at the time of signing.
- An agreement that was not approved as the law requires.
And if circumstances have changed a great deal?
A change in circumstances, in itself, is usually not a reason to cancel an agreement. It is therefore worth thinking about future situations already at the drafting stage, and including mechanisms for expected changes such as the birth of children, buying a home or moving abroad. You can also set a date on which the couple will review the agreement.
What can never be decided in advance?
Some matters a prenup simply cannot settle, even if both parties agree. The most prominent is child maintenance. We explain this in our article what you cannot include in a prenup.
Next steps
Every couple comes with different circumstances, so the agreement should be built around yours. At Paz Israel & Co. Law Office we review your assets, your plans for the future and the right approval route with you. To learn more about the process, see our prenuptial agreement lawyer page, or contact us to arrange a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information about Israeli law and is not legal advice or a substitute for reviewing your specific circumstances.