Prenuptial Agreements in Israel

Prenuptial agreements in Israel: a practical guide before signing

A prenuptial agreement is a way to decide in advance how assets, rights and obligations between partners will be handled. It can be relevant even without a large difference in wealth: for example, where there is an apartment from before the relationship, help from parents with a purchase, a business, pension rights or loans. Its purpose is to create clarity between the partners; it is not a substitute for an open conversation about finances and does not automatically eliminate every future dispute.

Before or after the marriage — who approves the agreement?

Under the Property Relations Law, a prenup must be in writing. Where the couple is already married, approval by the family court is required. Before the marriage, the law also provides other methods of verification, including by a notary; at the time of the wedding, verification by the marriage registrar is also possible. That said, it is always better to have the agreement approved by the court: court approval carries more weight and is harder to set aside. The approving authority checks that the parties are acting freely and understand the meaning of the agreement. The appropriate route depends on when the agreement is signed and on the couple’s personal status. For information about the procedure, see the Israeli courts’ service for approving an agreement between spouses (in Hebrew).

What should you prepare and clarify before drafting?

• An up-to-date picture of your assets: apartments and real estate rights, accounts, savings, pensions, funds, shares and businesses.
• The source of the money: property owned before the relationship, gifts or help from family, inheritances, and documents showing how an apartment or investment was financed.
• Debts and obligations: mortgage, loans, guarantees and future investments — and who will bear them as between the partners.
• Expected changes: buying a joint home, moving abroad, starting a business or a period in which one partner works less. Decide how the arrangements will be reviewed or updated if circumstances change.

An apartment from before the relationship: one sentence is not enough

If one partner already owns an apartment, it is worth clarifying not only who owns it today, but also what happens if the mortgage or renovations are paid for jointly, if the apartment is rented out, or if the proceeds of its sale are used to buy a new property. Actual conduct may differ from the wording, so the agreement should also address practical scenarios, and appropriate records should be kept. No single text fits every couple.

Prenuptial agreement or cohabitation agreement — what is the difference?

Settling property relations is also important for couples who are not about to marry. Partners who live together can agree in advance on ownership of assets, expenses, debts and joint investments. This arrangement is sometimes called a “prenup for cohabiting partners” and sometimes a “cohabitation agreement”; the name alone does not determine its validity or the law that applies to it. The document should suit the couple’s status, circumstances and goals.

If partners who live together later decide to marry, they should check again whether the existing arrangements still suit them after the marriage and whether approval or verification is required by law. See also our guide to approving a prenup in Israel.

A cohabitation agreement followed by marriage: is further approval needed?

Unmarried partners may use an agreement to regulate their property arrangements. In a majority judgment delivered on 23 March 2026 (Israeli Supreme Court, FamA 48399-09-24), the Court held that an agreement approved by the Family Court, which expressly states that it will continue to apply if the partners later marry, may remain effective after marriage without a further approval procedure. This does not mean that every cohabitation agreement automatically remains valid after marriage. Its wording, the manner in which it was approved and the couple’s circumstances should be reviewed before relying on it. This is general information, not individual legal advice.

Approval is important — but it is not an absolute guarantee

Proper approval strengthens the standing of the agreement and legal certainty, but claims may still arise regarding the circumstances in which it was made, its interpretation or its implementation. That is why disclosure of relevant information, clear drafting, understanding every clause and reasonable time to consider the terms before signing are all important.

At Paz Israel & Co. Law Office you can start with a focused review of your assets, goals and the questions that need to be settled. The information here is general and is not a substitute for legal advice based on the circumstances of your case.