Many couples in Israel choose to draw up a marriage agreement with a lawyer, one that governs family life within the family unit as well as what happens if and when the couple separates. A marriage agreement with a lawyer suits couples who have chosen to share their lives without a chuppah and kiddushin ceremony, common-law partners, same-sex couples, those who are not eligible to marry in Israel, and couples who marry in a civil ceremony abroad and want to set the terms of their life together. The agreement puts in writing terms that reflect the couple’s personal wishes, their life circumstances, the way they choose to fulfill their obligations to each other, and what each party wants should the relationship come to an end.
A marriage agreement with a lawyer does not give the couple the official status of a married couple, but it carries many advantages. So what is a marriage agreement with a lawyer, what types of agreements exist, who are they for, and why does it pay to use an experienced attorney? All of that and more in this article.
Marriage agreement with a lawyer – what does it include?
A marriage agreement with a lawyer is an agreement meant to regulate the various aspects of a couple’s shared life. It can address any issue that shapes life together. Among other things, it can include a financial agreement and economic rights, social rights, pension benefits, how the joint household will be run and how roles are divided, the definition of joint property, principles and values that matter to the couple, and a mechanism for settling disputes if the relationship ends. It can also set principles for dividing property at the end of the relationship and for raising children after separation, such as child support, the children’s education, child custody in divorce, and more.
In a second marriage or relationship, the agreement will also address the status of each partner’s children and the expenses relating to them, where each partner has children of different ages with different needs.
Marriage agreements with a lawyer – a growing practice
In recent years, couples in large cities such as Jerusalem and Tel Aviv, and in outlying towns as well, have increasingly turned to agreements of this kind to protect their interests both during their life together and upon separation.
What are the different types of agreements?
Financial agreement
A contract between spouses who want to order the economic and financial side of their life together. It sets out how the couple will conduct their finances during the relationship and how property will be divided if they separate.
Cohabitation agreement
Intended for couples who do not want, or are not able, to marry in the traditional way through a chuppah and kiddushin ceremony, but who want a marriage agreement drawn up with a lawyer that clearly regulates their life together. The agreement sets out how the couple will act in various situations, the most common being separation.
The agreement will set out how the couple will part ways and divide their property in a respectful and fair manner.
Cohabitation agreement for common-law partners
Common-law status reflects the fact that a couple shares their life together. When one or both partners want to be recognized as common-law partners, they can sign a cohabitation agreement with a lawyer and have it approved by the Family Court or the rabbinical court.
An agreement prepared by a lawyer and approved in court gives common-law partners standing equivalent to that of a married couple. In dealings with authorities such as the National Insurance Institute, the Ministry of the Interior, and the tax authorities, they will not have to prove again and again that they are common-law partners entitled to the various benefits. The agreement itself proves and confirms their status.
What legal force does a marriage agreement with a lawyer have?
When the marriage agreement does not cover financial matters such as money and property, it does not require approval by any authority and is valid without it.
When the agreement does cover financial matters and the division of property, it requires approval by a competent body such as the Family Court or the rabbinical court.
A marriage agreement with a lawyer: your insurance policy for life together
A marriage agreement with a lawyer gives binding force to what the couple has agreed about their life together and about separation. There are several types of agreements, each with different implications, so it pays to have an experienced attorney draft the agreement well. A skilled lawyer will anticipate different situations and crises and build answers to them into the agreement.
