A prenuptial agreement is more than a document the couple signs. For Israel’s Spouses (Property Relations) Law to apply to it, the agreement must be approved or authenticated by a competent authority. Which authority? That depends mainly on whether you are already married.
Before the wedding: a notary, a marriage registrar or the court
A couple who sign a prenup before the wedding can have it authenticated by a notary. A marriage registrar is also authorised to authenticate such an agreement. Another option is to ask the Family Court to approve it at this stage. Notarial authentication is usually the quickest and simplest route: both partners attend together with the signed agreement, or sign it on the spot.
After the wedding: the Family Court or a religious court
Once the couple are married, a notary can no longer approve the agreement. Approval is given by the Family Court or by the competent religious court, for example the Rabbinical Court for a Jewish couple who married in a religious ceremony. Couples who married in a civil ceremony, as well as same-sex couples, have the agreement approved by the Family Court.
Before approving the agreement, the court checks that both partners entered into it freely and that they understand its meaning and consequences. For this reason both partners usually attend the hearing, and a judge asks them questions about the agreement.
What is the practical difference between the routes?
- Time: a notary appointment can be arranged within days. In court, an application must be filed and you wait for a hearing date.
- Cost: notary fees are fixed by regulation. The court charges a fee (NIS 541 under the notice in force since July 2026). For more on costs, see how much a prenup costs in Israel.
- Status: both routes give the agreement legal force, each at the stage in which it is permitted.
What happens to an agreement that was not approved?
An agreement between spouses, or a couple about to marry, that was not properly approved will not be treated as a “property agreement” under the law. It may still bind the parties as an ordinary contract, but that question will be decided according to the circumstances, sometimes only in court in the middle of a dispute. In other words, an agreement left in a drawer is no substitute for approval. There is one narrow exception: spouses may agree in writing that particular assets will not be shared, and such an agreement does not require approval.
What about cohabiting couples?
The Property Relations Law does not apply to cohabiting couples (known in Israel as “common-law spouses”), and the law does not require them to approve an agreement. Still, there are good reasons to do so, especially if you may marry later. We explain this in our article on cohabitation agreements in Israel.
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.