A property agreement gives a couple wide freedom to decide how their property will be divided. But that freedom is not absolute. There are matters the law does not allow to be settled in advance, and matters couples forget to include and only discover are missing when it is too late.
What a prenup cannot decide
- Waiving child maintenance. Maintenance is the child’s right, not the parent’s. A parent’s waiver of maintenance on the child’s behalf does not bind the child, and the court will set maintenance according to the child’s needs.
- Deciding custody and parenting time in advance. In every decision concerning children, the court considers the child’s best interests at the time of the decision, not only what the parents agreed years earlier.
- Binding a third party. An agreement between spouses does not bind the bank, the landlord or the tax authority. If you want to change the registration of an asset, it has to be done in practice.
- Unlawful provisions, or provisions contrary to public policy, such as clauses restricting a spouse’s fundamental rights.
What to include so the agreement is complete
- A list of each spouse’s assets and debts at the date of signing, as an appendix to the agreement.
- The family home: whose it is, what happens on separation and who stays in it.
- Income and savings: salaries, pension savings, study funds and investment portfolios.
- Businesses and shares, including increase in value. See also prenups when one partner owns a business.
- Inheritances and gifts, including future ones. See also protecting an expected inheritance.
- Debts: who is responsible for debts each spouse brought, and for debts incurred later.
- A mechanism for changes: what happens when children are born or a new home is bought.
Fairness and understanding
Before approving an agreement, the court checks that both spouses signed freely and understand its meaning. An agreement drafted clearly, with full disclosure of assets, stands up better to this test and to future disputes.
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.