Many couples look for a “marriage agreement” when what they actually mean is a prenuptial agreement. Israeli law has no document called a “marriage agreement”. The legal term is a financial agreement (heskem mamon), and it is governed by the Spouses (Property Relations) Law.
What a prenup covers
A prenup determines how property will be divided if the relationship ends: an apartment bought before the marriage, savings, a business, an expected inheritance and debts. It can also define what remains the separate property of each spouse and what counts as shared.
What a prenup does not cover
A prenup deals with property. It does not decide in advance matters concerning children, such as custody and child support, because these are examined according to the child’s best interests at the relevant time.
And what is a “pre-marriage agreement”?
Sometimes this term describes a different agreement, intended to prevent refusal to grant a get (a Jewish divorce). That agreement deals with the separation process itself and not with the division of property. A couple can make both, and one does not replace the other.
How the agreement becomes binding
To be binding, the agreement needs approval. The best and strongest agreement is one approved by the Family Court, because it is much harder to cancel in the future. Verification by a notary is possible only before the marriage, and is suitable only when there is no other option. Read more: how a prenup is approved in Israel.
When to contact a lawyer
It is best to start several weeks before the wedding, so that both partners have time to read, ask questions and request changes without time pressure.
Where to go from here
Every couple’s circumstances are different, so the agreement should be built around yours. At Paz Israel & Co. we will be glad to meet both of you together, map out your assets and plans, and explain the suitable approval route. For more information, 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.
For a meeting about a prenuptial agreement, you can visit our offices in Tel Aviv, Jerusalem and Modi’in. Full details are on our prenuptial agreements page.