Many Israeli couples marry in a civil ceremony abroad or outside a religious framework, including same-sex couples. The question of whether a prenup is relevant to them comes up often. The short answer: yes, and it is especially important.
Does the Property Relations Law apply?
The Spouses (Property Relations) Law also applies to couples who married, or are about to marry, in a civil marriage, including same-sex couples. This means the same balancing-of-resources rules apply to them where there is no agreement, and they can choose a different arrangement in a properly approved property agreement.
Who approves the agreement?
- Before the wedding: the agreement can be authenticated by a notary.
- After the wedding: approval is given by the Family Court.
Same-sex couples cannot have the agreement approved by a religious court. A full explanation of the routes is in our article how a prenup is approved in Israel.
What is special about such an agreement?
- A long period of living together before the marriage. Many couples live together for years before the wedding. The agreement should set out how assets accumulated in that period are treated.
- Parenthood. When there are children, and especially when one partner’s parenthood was established by order or legal proceedings, the agreement should be coordinated with family planning and wills.
- Assets abroad. Couples who married abroad sometimes hold assets or accounts outside Israel, and the applicable law should be checked.
What about couples who have not married?
Partners who live together without marrying are cohabiting partners, and the Property Relations Law does not apply to them. They can make an agreement at any time. See 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.