A cohabitation agreement between common-law partners is a legally binding document designed to settle a wide range of issues between couples who have chosen to share their lives without a wedding ceremony. Among other things, it addresses property, children the couple has together, questions that may arise on separation, and more.
In Jerusalem, Tel Aviv, and cities across Israel, this is a steadily growing phenomenon: many couples choose to share their lives and build a family, but without marrying each other. In legal terms they are common-law partners. A cohabitation agreement between common-law partners gives them official recognition of their status and rights equal to those of married couples.
In this article we will look at the difference between a financial agreement and a cohabitation agreement between common-law partners, go through the issues the agreement covers, and explain why it should be drafted with a lawyer’s help.
What is the difference between a cohabitation agreement between common-law partners and a financial agreement?
Although the two are often confused, there are fundamental differences between them. A financial agreement, called a prenuptial agreement when the couple has not yet married, is made between married couples, or couples about to marry, and is expressly regulated by Israeli law, while a cohabitation agreement between common-law partners is meant for couples who are not married and do not plan to marry, but still run a household and share their lives.
A financial agreement between married couples aims mainly to set the financial arrangements in the event of divorce, whereas a cohabitation agreement between common-law partners regulates both the course of the couple’s life together and what happens if they separate.
A financial agreement requires formal approval by a notary, the Family Court, or the rabbinical court, and should be drawn up with a lawyer’s help. A cohabitation agreement between common-law partners should also be drafted with a lawyer, but for it to be legally valid, the signatures of both partners are enough; court approval is desirable, but not required.
What issues does a cohabitation agreement between common-law partners cover?
Recognition of the relationship
Most cohabitation agreements between common-law partners open with a clause recognizing the relationship. The couple declare that they run a joint household and state the date on which they began sharing their lives. This declaration is meant to show the couple’s genuine intention to share a family life together.
Definition of property
Where each partner brings private property accumulated up to the date the cohabitation began, the agreement defines each partner’s rights in that property: which part will be treated as joint property from that date on, and which part will remain the exclusive property of one partner. The agreement will also set out how property accumulated during the cohabitation is to be divided if the couple separates.
Gifts and inheritances
Where one partner brought into the relationship inheritances or gifts received before it began, or received them after the couple were already partners, the agreement addresses how those gifts and inheritances will be dealt with in the event of separation.
Running the household
In the agreement the couple set out how they want to run the joint household: whether they will share ongoing payments such as rent, property taxes, and utilities like electricity and water equally, whether they will open a joint bank account, and so on.
Raising children
A cohabitation agreement between common-law partners also regulates the issues involved in raising the couple’s children, both during the relationship and after separation, such as child custody, parenting time, child support, and more.
From the moment a cohabitation agreement is signed, preferably before a lawyer, the couple hold recognized common-law status with all its rights and obligations. In any dealing with authorities such as the Ministry of the Interior, the National Insurance Institute, or the tax authorities, and in any legal or institutional proceeding, they will not be required to produce further proof of their status as common-law partners.
A cohabitation agreement between common-law partners – an agreement for a good life together
A cohabitation agreement between common-law partners settles the many issues that shape the couple’s life together, both during the relationship and after separation. Although neither a lawyer’s signature nor court approval is required to make the agreement valid, an experienced attorney, in Jerusalem, Tel Aviv, or anywhere else, will know how to draft a professional agreement that gives the couple security, both between themselves and before the state authorities.
* Updated for 2026
