Cohabitation Agreement in Israel: Why Unmarried Couples Need One

Couples who live together without a registered marriage, or who have not yet decided whether to register, sometimes ask me: “We trust each other. Why do we need a contract?” My answer, as a rabbi and as an attorney, is: precisely because of that trust. A cohabitation agreement in Israel is an honest conversation about the important things, held while everything is good, and written down.

I am a rabbi and an attorney. This is general information, not legal advice, and not a substitute for personal guidance.

What is a cohabitation agreement?

It is a written agreement between partners who live together, setting out what is mine, what is yours, what is ours, and what happens if you part ways or if something happens to one of you. On my page about civil marriage and its alternatives I recommend that every couple draw up a property agreement and a cohabitation agreement before the wedding, with a lawyer who specializes in the field.

How does it differ from a prenuptial agreement?

The Spouses (Property Relations) Law, 5733-1973, speaks of an agreement between spouses that regulates the property relations between them. Under section 1 of the law, such an agreement and any change to it must be in writing. Under section 2, a property agreement requires approval by the family court or by the competent religious court, and before or at the time of the marriage it can also be verified by the marriage registrar, or by a notary for an agreement made before the marriage. Source (in Hebrew): Spouses (Property Relations) Law on Nevo.

The law is built around marriage. How it applies to partners who are not married, and which kind of approval suits your agreement, are exactly the questions to bring to a lawyer. I wrote about agreements before marriage in prenuptial agreement in Israel.

Why it matters especially for unmarried couples

A married couple has a ready legal framework. For a couple who lives together without a registered marriage, the agreement is often the place where you set the rules yourselves. There is another practical point: the list of supporting documents in the National Insurance common law questionnaire includes “a property agreement or a will”. Source (in Hebrew): gov.il: common law partners questionnaire.

I wrote about the process at National Insurance and about who counts as a common law couple in common law marriage in Israel.

What to talk about before writing

This is not a mandatory list and not a template. These are topics couples often raise with their lawyer, and each couple will choose what fits them:

• What each of you brings: savings, an apartment, a car, a business, an expected inheritance.
• Your home: rented or owned, in whose name, who pays what, and what happens if one of you invested more.
• Everyday money: a joint or separate account, and how expenses are shared.
• Debts: what happens with a loan or debt of one of you.
• Pensions and long term savings: what counts as shared, if anything.
• Separation: how to divide things, within what time, who stays in the apartment. I wrote about this side as well in what happens if you separate after a Reform wedding.
• Death, heaven forbid: an agreement alone is not always enough, so many couples also consider a will. Ask your lawyer about this too.
• Children: matters related to children raise separate legal questions, and they deserve their own conversation with the lawyer.
• Future changes: how to update the agreement when life changes, for example when a child is born, when you buy a home, or if you decide to marry.

Questions to ask your lawyer

• Should we have our agreement approved, how, and by whom?
• What happens to the agreement if we marry in the future?
• What happens if one of us is a foreign citizen, or if we move abroad?
• Do we also need a will, and what kind?

And the chuppah?

A cohabitation agreement and a chuppah do not compete. The agreement arranges the practical side, and the chuppah gives your covenant a moment of holiness in front of family and friends. If you want a ketubah that expresses partnership, read about the egalitarian ketubah. It matters to me to say this clearly: the ketubah is a beautiful personal document, and it is not a substitute for a legal agreement.

General information, not legal advice. Before signing any agreement, consult a lawyer who specializes in family law.

We would be glad to be with you

If you are building a life together and want a chuppah that tells your story, I would be glad to hear from you and schedule an introductory call.