A couple entering a second marriage or relationship come with a past: children, a home, savings and sometimes a divorce agreement whose obligations still apply. At this stage many people ask not only “what happens if we separate?” but also “what will my children receive?”. A property agreement, together with a will, is the way to give a clear answer to both questions.
Why is a second marriage different?
- There are children from a previous relationship whose future each partner wants to secure.
- There are assets accumulated earlier, and sometimes debts or obligations from the previous marriage, such as child maintenance.
- The question of the home: which home you live in, and what happens to it if one partner dies.
What should the agreement include?
- A list of each partner’s assets at the start of the relationship, and a provision that they remain separate.
- Arrangements for the shared home, including a right of residence for the surviving partner, if desired.
- How running costs are shared, and what investments in the other partner’s property mean.
- Savings and pension rights, with clear designation of beneficiaries.
A property agreement and a will: two documents that must work together
A property agreement determines what belongs to each partner. A will determines what happens to a person’s property after death. Without a will, Israel’s Succession Law provides that the spouse also inherits part of the estate, together with the children. In a second marriage it is therefore important to draft both documents together so that they do not contradict each other. Under certain conditions, the Succession Law allows a property agreement to include arrangements concerning inheritance between the spouses. This requires particularly careful drafting.
What about cohabiting couples in a second relationship?
Many couples in a second relationship choose not to marry. An agreement is still worthwhile, because on separation or death claims of shared ownership may arise. We explain this in our article on cohabitation agreements in Israel.
How do you talk about it with the children?
Often it is the adult children who raise the subject. A clear agreement can reassure them and prevent future tension between the children and the new partner. Whether to share the details with them is a personal decision, but the very existence of an arrangement makes things easier for everyone.
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.