By Adv. Shlomit Asraf Schneider·Head of Family Law and Real Estate·Updated 04.11.2026Summary: A prenuptial agreement is a contract between spouses that sets out how their property will be divided if the marriage ends in divorce or death. Without an agreement, Israeli law automatically applies the “resource balancing arrangement” under the Spouses (Property Relations) Law, 5733-1973: each spouse is entitled to half the value of the assets accumulated during the marriage. A prenuptial agreement lets you agree on a different split, for example keeping an apartment, a business or an inheritance out of the division. An agreement signed before the wedding can be approved by a notary or a marriage registrar. An agreement signed after the wedding must be approved by the Family Court or a religious court. In this guide we explain what to include in the agreement, what it cannot cover, how it is approved, what it costs and what happens to an agreement that was never approved.
What Is a Prenuptial Agreement?
A prenuptial agreement, known in Hebrew as a heskem mamon or by its full name, a “property relations agreement”, is a written contract between two spouses. It governs the financial relationship between them: what belongs to whom, what is shared, and how the property will be divided on the day the marriage ends. In Israel the same term covers both a prenup signed before the wedding and a postnuptial agreement signed after it.
The legal source is the Spouses (Property Relations) Law (Hok Yahasei Mamon Bein Bnei Zug). Section 1 of the law requires a property agreement, and any change to it, to be in writing. Section 2 sets out who approves it. Section 3 sets out what happens when there is no agreement.
Many people think of a prenuptial agreement as a “divorce document”. In practice, it is first of all a way to align expectations. It is signed while the couple agree with each other, which makes it the cheapest and quietest way to settle questions that could turn into a war later on.
What Happens Without a Prenuptial Agreement: The Resource Balancing Arrangement
A couple who married after January 1, 1974 and did not sign a prenuptial agreement are treated as if they agreed to the resource balancing arrangement (Section 3 of the law). These are its main points:
- During the marriage, each spouse remains the owner of what is registered in their name. Marriage itself does not transfer ownership, and it does not make one spouse liable for the other’s debts (Section 4).
- When the marriage ends, the assets are balanced. On divorce or death, each spouse is entitled to half the value of all the assets of both of them (Section 5).
- Assets that are not included in the balancing: assets one spouse owned on the eve of the marriage, gifts and inheritances received during the marriage, certain National Insurance (Bituach Leumi) benefits, and compensation for bodily injury. The same applies to assets the spouses agreed in writing would not be balanced.
- Employment-related rights are included in the balancing: pension, severance pay, study funds (keren hishtalmut) and savings accumulated during the marriage.
- Early balancing. Section 5A allows a spouse to request balancing even before the get (Jewish divorce) is given, under the conditions it sets, for example after a year has passed since proceedings were opened.
- Departing from an equal split. Section 8 allows the court to depart from a 50/50 division in special circumstances.
Sounds orderly. So why do you need an agreement? Because in practice these rules are far from clear-cut. An apartment that one spouse brought into the marriage can become shared in the eyes of the court. Israeli case law recognizes “specific partnership” in an asset, mainly the family home, when there is evidence of an intention to share it. For example, when the couple lived in it for years, renovated it with joint money or refinanced the mortgage together. A prenuptial agreement settles this question in advance.
The arrangement does not apply to couples who married before 1974 (Section 14). For them, the “presumption of joint ownership” established by case law applies, and it is sometimes broader.
Who Is a Prenuptial Agreement For?
A prenuptial agreement is not only for the wealthy. It suits any couple with something they want to protect, or something they want to make clear. These are the most common situations we see at our office:
An Apartment or Property Owned Before the Marriage
This is the number one reason couples come to us. Someone who bought an apartment before the wedding wants to make sure it stays theirs, even if the couple live in it together for twenty years. Without an agreement, a claim of specific partnership remains open.
An Apartment or Money From Parents
Parents who help buy an apartment want to know the money stays in the family. A prenuptial agreement can provide that the share funded by the parents goes back to the spouse who received it, even if the apartment is registered in both names.
A Business, Company or Partnership
A business owner does not want to be forced to sell the business on divorce, or to bring the spouse in as a partner. The agreement can provide that the business stays owned by one spouse, and set out the compensation to the other spouse, if any.
Second Marriages and Children From a Previous Relationship
Someone marrying for a second time usually wants to make sure the property they built up passes to their children from the first marriage. Here the prenuptial agreement works together with a will. We cover this in more detail below.
A Large Financial Gap Between the Spouses
When one spouse earns much more, or expects to inherit, an agreement defines in advance what is shared and what is not. The financially weaker spouse can actually benefit from an agreement that guarantees defined rights, instead of a future legal battle.
Debts of One Spouse
According to Kol-Zchut, a prenuptial agreement can protect the other spouse’s property when one spouse has run up debts in the Execution Office or entered insolvency proceedings. For example, the agreement can prevent the seizure of an asset registered in the name of the spouse who is not the debtor. One important condition: the agreement has to be genuine, not a document signed at the last minute to hide assets from creditors.
A Young Couple With No Assets
A couple starting from zero also has a reason to consider an agreement. It can set rules for savings, pensions and future inheritances. This kind of agreement is usually shorter and simpler, and so it also costs less.
What Does a Prenuptial Agreement Include?
There is no single template that fits everyone. A good agreement is tailored to the couple’s situation. These are the topics worth reviewing in every agreement:
Separate Property or Defined Sharing
The basic question: does each spouse keep what is theirs, is everything shared, or something in between? Most agreements set a mixed model: certain assets are separate, and the rest is divided according to the law.
A List of Existing Assets
Existing assets should be listed by name: an apartment by block and parcel number, bank accounts, shares, a car, rights in a business. General wording such as “all of his assets” invites disputes. The more property there is, the more precise the wording needs to be.
The Family Home
Who the owner is, what happens if the apartment is sold and a new one bought, who pays the mortgage and how joint payments will be calculated. This is the clause that ends up in court most often.
A Mortgage on an Apartment That Is Not Jointly Owned
This is a very common situation. The apartment was bought before the marriage and is registered in one spouse’s name, but the mortgage is paid every month from the joint account. On separation the question comes up: did the other spouse “buy” a share of the apartment?
A good agreement answers this in advance, in one of two ways. It can provide that the payments are user fees, like rent, and do not give any right in the apartment. Or it can provide that they are a loan, which the owner will repay to the other spouse on separation. It is important to choose explicitly. Silence on this point is exactly what leads to claims of specific partnership.
Income and Returns
An apartment owned before the marriage stays separate. But what about the rent it earns, or the increase in its value? The agreement should state whether the income from the asset is also separate.
Pension and Employment Rights
Pension, study funds and severance pay are often the largest asset salaried employees have. The agreement can exclude them from the balancing or set a different division.
Future Inheritances and Gifts
The law already excludes them from the balancing. But when inheritance money goes into a joint account or into renovating the home, the line becomes blurred. It is worth setting out how the separation will be kept.
Debts
Who is responsible for debts from before the marriage, and who for debts that arise in the future, especially business debts.
A Dispute Resolution Mechanism
You can agree that any dispute over the agreement will go to mediation first. This prevents every small misunderstanding from going straight to court.
What a Prenuptial Agreement Cannot Cover
A prenuptial agreement governs property between the spouses. There are things it cannot do:
- Children’s rights. An agreement between the parents cannot waive child support or decide in advance on parental responsibility and parenting time. Any such arrangement is subject to the best interests of the child, and the court is not bound by it.
- What happens to the property after death. Section 8(a) of the Succession Law states explicitly: an agreement concerning a person’s estate, or a waiver of that estate, made during their lifetime, is void. So a “mutual inheritance” clause in a prenuptial agreement, or a spouse’s waiver of their share of the estate, will not hold. What the heirs receive is determined by inheritance law or by a will.
- A blanket waiver of every future right without understanding it. A court or notary approves an agreement only after being satisfied that the spouses signed of their own free will and understood what it means.
- Harming creditors. An agreement designed to hide assets from creditors is exposed to being set aside.
Before or After the Wedding: Who Approves the Agreement?
The date of signing determines who may approve the agreement. This is the most important distinction in this area, and many people get it wrong.
| When the agreement is signed | Who can approve it | What you should know |
|---|---|---|
| Before the marriage | A notary or a marriage registrar. The Family Court or a religious court can also approve it | Approval must take place before the wedding. The fastest and cheapest route |
| After the marriage | Only the Family Court or a religious court | A notary can no longer approve it. An application, a hearing and a court fee are required |
| Changing an existing agreement | Same as the agreement itself, depending on the timing | A change also has to be in writing and approved |
| Common-law partners | No approval is required by law. It can be approved by the court to strengthen the agreement | This is a “cohabitation agreement”, not a prenuptial agreement under the law |
Approval by a Notary or Marriage Registrar
Section 2 of the law allows an agreement signed before the marriage to be approved by a notary, or by the marriage registrar at the time of registration. The couple come together with their ID cards. The notary makes sure they understand the agreement and are signing of their own free will, and certifies the agreement. This is the common route for couples before the wedding.
Approval by the Family Court
After the wedding, the agreement goes to the Family Court. You file an application to approve the agreement together with a statement of particulars form, through the gov.il service for applications to approve an agreement between spouses. The couple are called to a short hearing. The judge or registrar checks that they understand the agreement and were not pressured. Once approved, the agreement has the force of a court judgment.
Approval by a Religious Court
The law also allows the agreement to be approved by the couple’s religious court: the Rabbinical Court for Jews, the Sharia Court for Muslims, the Druze religious court and so on. Some couples prefer the religious forum for reasons of faith. Keep in mind that the choice of forum can affect how the agreement is interpreted in the future.
Civil Marriages and Same-Sex Couples
The law also applies to couples who had a civil marriage abroad, including same-sex couples. Such couples approve the agreement with a notary before the marriage, or with the Family Court after it. Not every religious court will approve an agreement for a couple who had a civil marriage, and same-sex couples cannot have their agreement approved by a religious court.
The Steps in Drafting a Prenuptial Agreement
- An initial meeting. We understand what each of you brings to the relationship, and what matters to you to protect.
- Disclosure of assets and debts. Each side lays out the full picture: assets, savings, rights, debts. An agreement signed without full disclosure is open to challenge.
- A conversation between the spouses. This is where the principles are set. Sometimes this conversation is hard, so some couples prefer to have it with a mediator.
- Drafting. The lawyer turns what you agreed into precise clauses.
- Review by the other side. It is recommended that each side review the draft with their own lawyer. This strengthens the agreement and makes it harder to claim later “I didn’t understand what I signed”. When there is a significant financial gap between the spouses, this is almost essential. An agreement drafted by one lawyer for both sides, when one side is much stronger than the other, may later serve as the basis for a claim of exploitation or undue influence.
- Signing. Both sides sign the final version.
- Approval. By a notary or marriage registrar before the wedding, or by the court or religious court after it.
How long does it take? A simple agreement can be completed within a few weeks. If the wedding date is already set, it is worth starting at least two months ahead. That way you don’t sign under pressure, and you don’t miss the option of approval by a notary.
How Much Does a Prenuptial Agreement Cost?
The cost has two parts.
Approving the agreement. With a notary, you pay according to a maximum rate set by the Notaries Regulations (Service Fees). The rate is updated every year and is in the range of a few hundred shekels. At the Family Court you pay a court fee. Under the fee regulations, from July 1, 2026 the fee for an application to approve an agreement between spouses, when no claim is pending, is 541 NIS.
Legal fees. These depend on complexity. An agreement for a young couple with no assets is simpler than one that covers a business, several real estate properties or assets abroad. We will be happy to give you a proper quote after a first meeting.
Keep in mind: a prenuptial agreement costs little compared to a legal battle over the division of property. A dispute like that can go on for years.
A Prenuptial Agreement That Was Not Approved: What Is Its Status?
This is one of the most common mistakes. Couples download a template from the internet, sign it at home, and forget about approval.
Under the law, an agreement that was not duly approved is not a prenuptial agreement. According to Kol-Zchut, it may still be treated as a valid contract between the parties under contract law. But this is a gray area: the other side can argue that the agreement is not binding, and the court will decide based on the circumstances. Against third parties, such as creditors, its standing is even weaker.
There is one important exception worth knowing. Spouses can agree in writing that certain assets will not be part of the balancing, and that agreement does not need approval. But the difference between “an agreement about a specific asset” and “a prenuptial agreement” is not always clear, and it is better not to rely on it.
The reverse is also true: even an approved agreement can lose its force. In 2018 the Supreme Court held that an agreement between spouses that had been given the force of a judgment was no longer binding when the parties had in practice abandoned it and its terms had not been carried out for about a decade. The lesson: the agreement should reflect your life. If your situation has changed, it is worth updating it.
Changing and Canceling a Prenuptial Agreement
A prenuptial agreement is not set in stone. Spouses can change it by agreement. Marriages evolve: children are born, an apartment is bought, a business is opened. Updating it is natural.
The rule is simple: a change to the agreement requires the same form and the same approval as the agreement itself. A change after the wedding is approved by the Family Court or the religious court.
Canceling without consent is another story. A spouse who wants to cancel an approved agreement must show a defect in consent at the time of signing, such as coercion, misrepresentation or exploitation, or other exceptional circumstances. This is hard. The courts give significant weight to an agreement approved after a check that it was signed freely.
Real Estate Tax: Transferring an Apartment Between Spouses on Divorce
When a couple separate, one of them sometimes transfers their share of the apartment to the other. As a rule, such a transfer is a “sale” that is subject to capital gains tax (mas shevach) and purchase tax (mas rechisha).
Section 4A of the Real Estate Taxation Law sets an exception: the transfer of a right in real estate between spouses, or from the spouses to their children, under a judgment given in the course of divorce proceedings, is not treated as a sale. When the recipient later sells, the purchase date and purchase value are calculated as if the transferring spouse were the seller.
In practical terms: an agreement that was approved and given the force of a judgment in the divorce proceedings allows you to benefit from the exception. An agreement signed at home and never approved is not a judgment. So here too, approval matters. For any transfer of an asset, it is worth checking the implications with a tax advisor before signing.
A Prenuptial Agreement and a Will: Why You Need Both
A question that comes up in almost every meeting: “If we have a prenuptial agreement, do we also need a will?” The answer is almost always yes.
The prenuptial agreement determines what belongs to each spouse. It cannot determine who will inherit: Section 8(a) of the Succession Law voids any agreement about a person’s estate made during their lifetime. On the day of death, the deceased’s share passes to the heirs. If there is no will, the heirs are determined by the Succession Law, and the surviving spouse inherits part of the estate alongside the children. So anyone who wants to make sure an apartment goes to children from a previous marriage needs to say so in a will. A prenuptial agreement alone will not be enough.
The right move is to plan both documents together. That way they do not contradict each other. Spouses who want to leave their estates to each other can make mutual wills, which the law regulates separately in Section 8A of the Succession Law. You can read more about inheritance without a will and about changing and revoking a will.
Prenuptial Agreements for Religious and Traditional Couples
In the religious and Haredi communities there is sometimes reluctance about prenuptial agreements. Some worry that it “prepares for divorce”. In practice, more and more religious couples sign one, for two reasons.
The first is protecting family property. An apartment the parents bought, or a family business, stays in the family.
The second is preventing get refusal. There are prenuptial agreements drafted to reduce the risk of get refusal (refusal to grant or accept a Jewish divorce), and the best known is the “Agreement for Mutual Respect”. It includes a financial mechanism that deters refusing to give or receive a get. Some rabbis support these agreements and some have reservations, so it is worth consulting your rabbi as well. These agreements can be combined with a regular prenuptial agreement.
Couples who prefer can have the agreement approved by the Rabbinical Court. Muslim couples can have an agreement signed after the marriage approved by the Sharia Court, and in the Druze community by the Druze religious court.
Common-Law Partners: Cohabitation Agreements
The Spouses (Property Relations) Law applies only to married couples. Couples who live together without marrying make a “cohabitation agreement”. For them the agreement is even more important: there is no defined statutory arrangement, and the courts examine each case on its own circumstances.
A cohabitation agreement defines when the partnership began, what is shared and what is not, and what will happen on separation. It also serves as evidence that the relationship exists, which can matter for rights with National Insurance and for inheritance. See also common-law partners and inheritance without a will.
And what happens when common-law partners get married? A cohabitation agreement does not automatically become a prenuptial agreement. It is worth checking whether it is worded so that it continues to apply after the marriage, and whether it needs to be approved again.
Common Mistakes
- A template from the internet. A generic template does not know your assets, and it may leave exactly the most important question open.
- Signing in the week of the wedding. Time pressure weakens the agreement. A spouse who signed under pressure can claim a defect in consent.
- Forgetting to get approval. An agreement without approval is a weak agreement.
- One lawyer for both sides when there is a power gap. It saves money today, and opens the door to challenging the agreement tomorrow.
- Vague wording for existing assets. “His apartment” is not enough. You need details.
- Ignoring income and increases in value. The apartment is separate, but what about the rent?
- Mixing money. An agreement that sets separation, and a bank account where everything is mixed, invite disputes.
- No matching will. The agreement governs life. The will governs what comes after.
- Not updating. An agreement signed 15 years ago that does not reflect your life today may not hold up.
Afula, the Valleys and Bnei Brak: How We Handle Prenuptial Agreements
At our office, prenuptial agreements are handled by Adv. Shlomit Asraf Schneider, Head of Family Law and Real Estate, together with Adv. Yariv Vaknin. The process starts with a meeting, continues with disclosure of assets and a draft, and ends with approval.
From our Afula branch we work with couples from Afula, the Jezreel Valley and the surrounding valleys. The population in the region is diverse, and we know the different approval routes: the Family Court, the Rabbinical Court and the Sharia Court. See our Afula branch page.
From our Bnei Brak branch we work with couples from Bnei Brak, Ramat Gan, Givatayim and the Gush Dan area, including religious and Haredi couples who prefer approval by the Rabbinical Court. See our Bnei Brak branch page.
Our experience in divorce and property division helps us draft a better prenuptial agreement. We know which clauses end up in court, and which wording holds up there.
Frequently Asked Questions
What is a prenuptial agreement?
A prenuptial agreement is a written contract between spouses that sets out how their property will be divided if the marriage ends in divorce or death. It allows them to agree on a division different from the resource balancing arrangement under the Spouses (Property Relations) Law.
Does a prenuptial agreement need to be approved?
Yes. For the agreement to count as a prenuptial agreement under the law, it must be approved. Before the marriage, it can be approved by a notary or a marriage registrar. After the marriage, only the Family Court or a religious court can approve it.
Can you make a prenuptial agreement after the wedding?
Yes. Married couples can sign a prenuptial agreement at any stage. In that case the agreement must be approved by the Family Court or the religious court, and a notary can no longer approve it.
How much does it cost to approve a prenuptial agreement?
With a notary, you pay according to a maximum rate set by the Notaries Regulations, in the range of a few hundred shekels. At the Family Court, the fee for an application to approve an agreement between spouses, when no claim is pending, is 541 NIS from July 1, 2026. Legal fees are added on top, depending on how complex the agreement is.
What happens to a prenuptial agreement that was not approved?
An agreement that was not duly approved is not a prenuptial agreement under the law. It may be treated as a contract between the parties, but its standing is weak and it can be challenged, especially by creditors. That is why it is important to get the agreement approved.
Can a prenuptial agreement be changed?
Yes, with the consent of both spouses. The change must be in writing and approved in the same way as the agreement itself. One-sided cancellation of an approved agreement is possible only in exceptional cases, such as coercion, misrepresentation or exploitation at the time of signing.
Does a prenuptial agreement replace a will?
No. The prenuptial agreement determines what belongs to each spouse. What the heirs receive after death is determined by a will or by the Succession Law. Anyone who wants an asset to pass to children from a previous marriage also needs a suitable will.
Can a prenuptial agreement determine who will inherit from a spouse?
No. Section 8(a) of the Succession Law provides that an agreement concerning a person’s estate made during their lifetime is void. So a mutual inheritance clause in a prenuptial agreement will not hold. Anyone who wants to decide what happens after their death needs a will, and spouses can make mutual wills.
Can a prenuptial agreement set child support?
Not in a way that binds the child. An agreement between the parents cannot waive child support or decide in advance on parental responsibility and parenting time. Any such arrangement is subject to the best interests of the child.
Does a prenuptial agreement protect against a spouse’s debts?
It can help. A genuine prenuptial agreement can protect an asset of the spouse who is not the debtor from seizure over the other spouse’s debts. An agreement signed only to hide assets from creditors is exposed to being set aside.
Is a prenuptial agreement relevant for common-law partners?
The Spouses (Property Relations) Law applies only to married couples. Common-law partners make a cohabitation agreement, which does not require approval by law, but it can be approved by the court to strengthen it.
Can couples who had a civil marriage make a prenuptial agreement?
Yes. The law also applies to couples who had a civil marriage abroad, including same-sex couples. They approve the agreement with a notary before the marriage, or with the Family Court after it.
How long does it take to make a prenuptial agreement?
A simple agreement can be completed within a few weeks. If the wedding date is already set, it is recommended to start at least two months ahead, so you don’t sign under pressure and can have the agreement approved by a notary before the wedding.
The Next Step
If you are about to get married, or you are married and want to settle your property, the right time to think about a prenuptial agreement is now, while you agree with each other. Before the wedding it is also the simpler and cheaper route to approval.
At a first meeting we will understand what matters to you to protect, explain the options and build the agreement together. For a consultation, contact us and we will get back to you.
Sources: Spouses (Property Relations) Law, 5733-1973, Kol-Zchut: Property relations agreement between married spouses, gov.il: Application to approve an agreement between spouses, Family Court Regulations (Fees), update of 1.7.2026.
This article is general information, accurate as of its writing, and does not constitute legal advice. Every case is examined on its own facts; obtain individual advice from a lawyer before taking any action.
About the author
Adv. Shlomit Asraf Schneider
Head of Family Law and Real Estate
Head of the Family Law and Real Estate practice at the firm. Handles prenuptial agreements, child support, shared parenting and claims in the Family Court.
