Prenuptial Agreement in Israel: Why It Matters Outside the Rabbinate

Many couples who marry outside the Rabbinate ask me about the ketubah, the ceremony and registration. Very few ask about money, and that is natural: who wants to talk about money before the wedding? But as a rabbi and an attorney, I recommend at least considering a prenuptial agreement in Israel. Not out of mistrust, but so that you decide for yourselves, at a calm time, what your financial life will look like.

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

What is a prenuptial agreement under Israeli law?

The Spouses (Property Relations) Law, 5733-1973, speaks of an agreement between spouses that regulates the property relations between them. In Israel it is often called a heskem mamon, a property agreement. Under section 1 of the law, such an agreement, and any change to it, must be in writing. Source (in Hebrew): Spouses (Property Relations) Law on Nevo.

Who approves the agreement?

Under section 2 of the law:

• The family court or the competent religious court approves a property agreement, and also any change to it. Approval is given only after the court is satisfied that the couple made the agreement freely and with an understanding of its meaning and consequences.
• The marriage registrar: for an agreement made before or at the time of the marriage, verification by the marriage registrar can take the place of court approval.
• A notary: a notary can verify an agreement made before the marriage. The condition is that the notary is satisfied that the couple made it freely and with an understanding of its meaning and consequences.

Why it matters especially when marrying outside the Rabbinate

When you have a civil marriage abroad, or choose a chuppah without registration, the process is different from that of a couple who registers at a marriage office. So ask your lawyer in advance which of the routes in section 2 suits your situation, and when exactly to sign. If you are planning a civil marriage, I describe the options on the page about civil marriage and registration. I also describe the general legal background on the page about the legal status of marriage in Israel.

What happens if there is no agreement?

Here too it is worth reading the law itself:

• Section 3(a): if the spouses did not make a property agreement, or to the extent the agreement does not provide otherwise, they are deemed to have agreed to the resources balancing arrangement set out in the law.
• Section 4: marriage in itself does not affect the property of either spouse, does not give one spouse rights in the other’s assets, and does not make one liable for the other’s debts.
• Section 5(a): when the marriage ends, by dissolution or death, each spouse is, as a rule, entitled to half the value of all the spouses’ assets. The law excludes, among other things, assets that the spouses had on the eve of the marriage or received as a gift or inheritance, and assets the spouses agreed in writing would not be balanced.

Section 3(b) adds an interesting detail: for couples who did not ask the marriage registrar to verify a property agreement, the registrar explains the content and meaning of this arrangement before the marriage.

Is the ketubah a prenuptial agreement?

The short answer: no. The ketubah, even an egalitarian ketubah written in the language of partnership, is a document of covenant and values. It is beautiful and moving, and I love seeing couples invest in it. But if you want a binding property arrangement, the route the law describes is a written agreement approved or verified under section 2. I wrote about the egalitarian ketubah separately.

And if you are not marrying at all?

If you live together without a registered marriage, the questions are similar but the framework is different. I wrote about this in cohabitation agreement in Israel.

When should you start talking about it?

My honest answer: early. Not in the week of the wedding, when the pressure peaks, but a few months before. An open conversation about money, a home, savings and expectations is part of preparing for marriage. In that way it is just like the preparation meetings for the chuppah.

• Write down for yourselves what each of you brings and what matters to each of you.
• Turn to a lawyer who specializes in family law, and ask which type of approval suits you.
• Ask also what happens to the agreement if you move abroad, or if one of you is a foreign citizen.

General information, not legal advice. Before signing any agreement, consult a lawyer.

Meanwhile, the chuppah

If you are planning a wedding and want a personal chuppah that expresses who you are, I would be glad to hear from you and schedule an introductory call.