More and more couples in Israel are “cross-border” couples: a new immigrant marrying an Israeli, an Israeli who lived abroad for years, or partners with property, accounts and pensions in more than one country. For them the first question is not only what the agreement will say, but which law applies to them at all.
Which law governs the property?
Under section 15 of the Spouses (Property Relations) Law, property relations are governed by the law of the couple’s domicile at the time of the marriage. A couple who married while living in France may therefore be subject to French law even after making aliyah. The same section allows the couple to set or change the governing law in a prenuptial agreement.
Why this matters in practice
- Many countries have a default property regime different from Israel’s, such as community of property from the day of the marriage.
- A couple who does not know which law applies may discover on divorce that the rules differ from what they expected.
- An agreement that states the governing law and the division of assets expressly prevents a dispute on this question.
An agreement that is recognised abroad
If you have assets outside Israel, the agreement should be drafted so that it is recognised there too. It is usually prepared in two languages or with a translation, approved properly in Israel, and given an apostille so that it can be used in a country party to the Hague Convention. Some countries also require local registration or approval, which is checked with a lawyer in that country.
New immigrants: before or after the wedding?
Before the marriage, a prenup can be approved by a notary. After the marriage, approval by a family court or a religious court is required. On the differences see how to approve a prenup in Israel. If one of you is still abroad, much of the process can be handled remotely, as explained in remote prenups.
What else to address
- Pensions and savings abroad, and how they will be calculated.
- An apartment abroad, or an apartment bought in Israel with money from abroad.
- Debts and taxes in the previous country.
- The link between the agreement and a will, if there are children from a previous marriage.
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.