What Happens Without a Prenup? Everything You Need to Know
This article is for general informational purposes only and does not constitute legal advice. For advice tailored to your circumstances, consult a licensed attorney.
Key Takeaways
- Without a prenup, Israel's Property Relations Law splits everything accumulated during marriage equally
- An apartment bought before marriage may be divided if you both paid the mortgage — per the 2025 Supreme Court ruling
- Without a prenup: divorce proceedings can cost ₪30,000–₪150,000 and take years
- A prenup through Nobiru costs ₪599 — an investment that saves enormous costs later
Without a Prenup — Who Decides for You?
When a couple marries without a prenuptial agreement, it doesn't mean there are no rules. It means the rules have already been set — by Israel's Property Relations Between Spouses Law, 1973. The question is: do those rules suit you?
The legal default: Everything accumulated during marriage is split equally. Sounds simple — but "accumulated" is a broad term that can surprise you.
What "Equal Division" Means in Practice
The apartment: Under the [2025 Supreme Court ruling 5620/24](/en/blog/ruling-5620-24), even a pre-marital apartment can be considered joint property if both spouses jointly paid the mortgage or managed it together. A post-marriage appreciation in value could be split.
The pension: Pension accumulated during the marriage is divided equally. A ₪1.5M pension accumulated over 20 years of marriage means ₪750,000 goes to the other spouse. Read more: [prenup and pension](/en/blog/prenup-pension).
The business: A business founded before marriage but that grew during it — the growth in value may be considered accumulated. A business founded during marriage — half belongs to the spouse. See: [business protection prenup](/en/blog/prenup-business-protection).
Savings and funds: All savings accumulated from the moment of marriage — bank accounts, education funds, securities — are split equally. Even if one party saved more because they earned more.
What Is NOT Divided (Usually)
The law protects assets accumulated before marriage and inheritances and gifts — but these protections weaken when assets are mixed with joint property.
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Real Cost of Divorce Without a Prenup
| Expense | Cost Range |
|---|---|
| Attorney fees (each party) | ₪15,000–₪80,000 |
| Property valuation experts | ₪3,000–₪10,000 |
| Court fees | ₪1,500–₪5,000 |
| Time — months to years | Incalculable |
| Total average | ₪30,000–₪150,000 |
Versus ₪599 to sign a prenup through Nobiru today.
Turn the Default Into Your Choice
The law was written 50 years ago, for a different society. A prenuptial agreement is not a fear of divorce — it's a conscious choice to set the rules that suit you, rather than letting a general law decide for you.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for personal advice.Nobiru
Content Team
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