Many couples did not think about a prenup before the wedding, and only a few years later the moment arrives: they buy an apartment, one partner opens a business, or an inheritance is on the way. The good news is that a property agreement can also be made after marriage. There are just a few important differences to be aware of.
What applies without an agreement?
Couples who married in 1974 or later and have no property agreement are subject to the resource-balancing arrangement under the Spouses (Property Relations) Law. Broadly, when the marriage ends each spouse is entitled to half the value of the assets accumulated during the marriage, while assets each had before the wedding, or received as a gift or inheritance, are excluded. A property agreement allows the couple to choose a different arrangement that suits them better.
Who approves an agreement after the wedding?
After the wedding a notary can no longer authenticate the agreement. Approval is given by the Family Court or the competent religious court. At the hearing, the court checks that both spouses signed freely and understand the meaning and consequences of the agreement. A full explanation of the routes is in our article how a prenup is approved in Israel.
What is different about an agreement made after the wedding?
- There is already a shared history. You need to decide what happens to assets accumulated so far, not only to future assets.
- Full disclosure is especially important. The more fully both spouses know the complete financial picture, the less likely a future claim that the agreement was signed without information.
- Timing. An agreement signed during a calm period differs from one signed in the middle of a crisis. If there is tension, consider separate legal advice for each spouse.
When is it worth considering?
- Before buying an apartment, when each spouse contributes a different amount to the down payment.
- When one spouse sets up a business or becomes a partner in a company.
- When a significant inheritance or gift from parents is expected.
- After a major change in one spouse’s income.
Will an agreement like this harm the relationship?
This is the most common concern, and usually it does not materialise. An organised conversation about money, with professional guidance, helps many couples reach understandings and avoid misunderstandings later. Remember that an agreement can also widen what is shared, not only narrow it.
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.