A young couple is planning their wedding. They have chosen a venue, started looking for a home and are talking excitedly about the family they hope to build together. But when the subject of a prenuptial agreement comes up, the mood suddenly changes.
"We're only just starting our lives together. Why should we be talking about divorce now?" one partner asks. The other worries that even suggesting such an agreement could be interpreted as a lack of trust.
Couple signing an agreement
(Photo: Shutterstock)
That hesitation is understandable. Prenuptial agreements are often perceived as documents designed to protect one spouse from the other, or as preparation for the possibility that the marriage might fail.
In reality, their purpose can be much broader. A prenuptial agreement allows couples to decide together, while their relationship is strong, how their finances and property will be managed and what will happen if they eventually separate.
What Israeli law says about marital property
Under Israel's Property Relations Between Spouses Law, married couples who have not signed an agreement establishing different arrangements are generally subject to a statutory framework for dividing marital assets.
When a marriage ends, the value of assets accumulated during the marriage is generally divided between the spouses, subject to certain exceptions and individual circumstances.
For example, property owned by one spouse before marriage, as well as inheritances and gifts received during the marriage, is generally excluded from this division. However, under certain circumstances, a spouse may still claim shared ownership of such assets, particularly when the property in question is the family home.
A prenuptial agreement allows couples to establish financial arrangements tailored to their circumstances rather than relying entirely on the default provisions of the law.
Consider a situation in which one partner enters the marriage owning an apartment purchased several years earlier. During the marriage, the couple lives in that apartment, invests in renovations and jointly pays expenses associated with the property.
If the marriage ends, a dispute could arise over whether the couple's conduct created shared ownership rights in the apartment. An agreement prepared in advance can clarify both partners' intentions and reduce the likelihood of such a dispute.
The same considerations apply to family businesses, savings, investments and money provided by parents to help their children purchase a home.
When parents contribute money toward a property purchase, it may not always be clear whether the funds were intended as a gift to their child alone, a gift to both partners or a loan that must eventually be repaid. Without clear arrangements, disagreements can emerge years after the money was transferred.
Prenuptial agreements aren't just for wealthy couples
One of the most common misconceptions is that prenuptial agreements are relevant only when one partner already owns an apartment, operates a business or possesses substantial financial assets.
But even couples who begin married life with little or no property may accumulate significant assets over time, including retirement savings, investments, property and financial liabilities.
Moreover, a well-designed agreement does not necessarily have to favor the wealthier spouse. It can also take into account situations in which one partner reduces their working hours or steps away from a career to care for children while the other continues to advance professionally.
Such arrangements can help couples address, in advance, financial inequalities that may develop over the course of their marriage.
Drafting a prenuptial agreement is therefore about much more than deciding which assets belong to whom. It requires couples to discuss expectations, financial responsibilities and their understanding of what partnership means.
Precisely because these conversations can be uncomfortable, having them early may help prevent misunderstandings later.
For an agreement to serve both partners fairly, couples should avoid relying solely on a generic document downloaded from the internet. Instead, they should carefully examine their existing assets, future plans and the arrangements that best reflect their individual circumstances.
Attorney Ronit A. ZismanPhoto: Ilan Siman TovProfessional legal guidance can help both partners understand the provisions they are signing and the possible consequences of those commitments.
There are also formal legal requirements to consider. In Israel, a marital property agreement signed after a couple is already married must be approved by either a family court or a rabbinical court. Before marriage, the law provides additional methods for validating such agreements, including certification by a notary.
A prenuptial agreement cannot guarantee that disagreements will never arise, nor can it replace a will or other legal arrangements. Nevertheless, an agreement drafted with mutual understanding, transparency and consideration for both partners' circumstances can reduce uncertainty and provide greater financial security.
Ultimately, choosing to sign a prenuptial agreement does not necessarily indicate fear of separation.
In my view, it can express precisely the opposite: a desire to build a shared future on clear foundations, where both partners understand their rights, responsibilities and the financial principles underlying their marriage. Rather than undermining trust, that clarity can become an important part of building it.