What is a prenuptial agreement?
“Prenuptial agreement,” “premarital agreement,” and “premarital financial agreement” are all names for an agreement made between partners before they marry, meant to settle in advance a range of issues concerning their relationship.
These include issues of married life itself, such as how the couple intend to educate their future children, and issues tied to the end of the marriage, such as the granting of a get, division of property, alimony, and child custody.
Incidentally, all of these issues can also be settled in an agreement drawn up after the wedding, during the marriage, or at its end in the course of divorce proceedings. In many cases, though, it is advisable to draw up the agreement before the marriage and the wedding, as explained below.
Why is it advisable to sign a prenuptial agreement before the wedding?
Understandably, many couples are reluctant to discuss sensitive subjects like property division or alimony in the event of divorce, of all times during the most romantic stretch of their relationship, shortly before the wedding. It is only natural that no one is eager to discuss how the relationship might end with the person they are about to marry.
Experience shows, though, that such an agreement is sometimes exactly what reality requires. It lets the parties align expectations in advance, before they formally marry, and spares them needless disputes later, including painful and expensive fights if the marriage ends.
Talking through financial and similar questions is not exactly romantic or heartwarming, but it is far better done while the relationship is still good and calm, so that decisions are made thoughtfully and with judgment, not under the sway of anger, hurt, or thoughts of revenge.
A prenuptial agreement can therefore give the parties security, clarity, and certainty in advance about the rights each is entitled to and the obligations each owes the other, and with that, peace of mind.
When is a prenuptial agreement especially advisable?
As a rule, a prenuptial agreement is especially advisable where there is a significant gap between the couple’s financial situations, so that the spouse who holds more assets can limit the risk he or she may face in a property division at divorce.
It is also advisable for couples marrying at a relatively late age, where each has already accumulated substantial assets of their own, including a residential apartment, and in second marriages, where at least one of the parties has children from a previous relationship whose financial rights they wish to protect.
There are also situations where neither partner currently holds many assets, but one of them expects to receive significant money after the wedding, whether substantial financial help from parents toward buying an apartment, or an anticipated inheritance.
In all these cases a prenuptial agreement is recommended, above all where at least one party wants to rule out from the outset any claim of an intention to share assets that belong to him alone, so that he will not have to split them with the other spouse at divorce.
How is a prenuptial agreement drawn up?
To draw up a prenuptial agreement, it is very important to use an experienced, professional lawyer who specializes in family law in general and financial agreements in particular.
Each party can retain a separate lawyer, or, alternatively, both parties can jointly retain one lawyer to represent them together.
What does a prenuptial agreement contain?
Under the principle of freedom of contract, the parties may generally shape the content of the agreement as they see fit, provided they agreed to it of their own free will and it does not strip either of them, or their future children, of their rights.
It is customary to regulate the granting of a get, the division of property, alimony, child custody, and living arrangements within a prenuptial agreement.
The prenuptial agreement and the granting of a get
As for the get, it should be clarified that the parties cannot commit in advance, within the prenuptial agreement, to grant a get, since under Halacha such a commitment is not valid. They can, however, agree on sanctions for refusing a get in defiance of a rabbinical court ruling, such as a financial penalty for every day of delay in granting it.
How is a prenuptial agreement approved?
Unlike most agreements, which take effect upon signing, a prenuptial agreement takes effect only once it is approved in accordance with Section 2 of the Property Relations Law, 5733-1973.
Under that section, the prenuptial agreement can be approved by the Family Court, the Rabbinical Court, a notary, or a marriage registrar operating within the framework of the Rabbinical Court.
Approval is given only after the approving authority has questioned the couple, verified the facts, and satisfied itself that they signed the agreement of their own free will and understood its meaning and consequences.
Approval gives the agreement enhanced force, like a judgment. This means the prenuptial agreement can be enforced if it is breached, just as a judgment is enforced, including through civil enforcement proceedings or proceedings under the Contempt of Court Ordinance.
Note, however, that where the prenuptial agreement contains no clauses dealing with property and financial matters, the law apparently does not require approval for it to take effect. Even so, approving such an agreement is possible and recommended, since approval makes it enforceable like a judgment if it is breached.
How do you challenge the approval of a prenuptial agreement?
A decision approving a prenuptial agreement can be appealed on the ground that the agreement was approved contrary to the provisions of the law, that is, without the approving authority first verifying that the parties entered the agreement of their own free will and understood its meaning and consequences.
An agreement approved by a Regional Rabbinical Court is appealed to the Great Rabbinical Court within 30 days of receiving the regional court’s ruling.
An agreement approved by the Family Court is appealed to the District Court within 45 days of receiving the Family Court’s ruling.
Alternatively, a marriage registrar’s decision approving the prenuptial agreement can be challenged by filing a complaint with the Ministry of Religious Affairs.
* Updated for 2026
