When we got married over 15 years ago we never even dreamt of making a “prenuptial agreement” because neither of us had any property or profession with money-making potential. The situation has changed and we are fairly well – established after both having developed careers. Can we still make a property relations agreement as an “insurance” policy incase our marriage fails later to avoid hassle?
By: דיאנה שאלתיאל•Published on: 02 May, 2022Yes, married couples are entitled to make a property relations agreement which will govern the issue rather than the principles of equalization under the Spouses’ Property Relations Act of 1973 which applies to couples who married from 1.1.74 onwards. The act permits couples to exclude agreed property from the pool of marital property.
The agreement must be in writing and receive the authorization of the family court or the relevant religious court having jurisdiction. Physical presence at the court session is required so that the judge can identify the sides, be sure that both sides understood the contents of the agreement, its consequences and signed of their own free will, without being pressurized. Once the court has authorized the agreement and given it the validity of a judgment, it will have full legal value.