Q: Can a financial agreement, which was not signed by the parties, be relied upon to decide whether they are considered common law partners?
By: דיאנה שאלתיאל•Published on: 05 October, 2025A: No! An unsigned financial agreement does not constitute evidence of a party’s intention, even if he/she initiated the drafting of the agreement (which was not signed). In a judgement given on 25.12.24 (A.M. 32785-01-24) in the Tel Aviv-Yafo District Court, the court rejected an appeal by a woman who claimed that she and her former partner should be recognized as common law partners. The court ruled that, even if her ex-partner agreed to the fact in a draft (unsigned) agreement to maintain a joint property regime during their relationship, it does not prove that this was his intention. The reason for this is that since the woman refused to sign the agreement, it cannot be determined that the parties acted according to the principles of the agreement. The court also referred to the fact, their three-year relationship, the parties did not acquire any significant joint property except for the chattels of the apartment and did not even open a joint bank account for household expenses. The fact that the woman (the appellant) insisted on receiving all the chattels that she claimed she had purchased with her own money, at the time of their separation shows that she believed that even the contents of the apartment were separate property.