Why a Prenup Isn't About Distrust
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
- A prenup is not a sign of distrust — it's insurance for your relationship, just like health or car insurance
- Roughly one-third of Israeli marriages end in divorce, yet only an estimated 12-15% of couples sign a prenup
- Without a prenup, a pre-marital apartment can be split — especially in light of Supreme Court ruling 5620/24
- Couples who signed a prenup often report feeling more secure and stable in their relationship afterward
- Cost of a prenup: ₪590-8,000 as a one-time fee, versus ₪30,000-150,000 for divorce proceedings without one
"If You Love Me, Why Do You Need an Agreement?"
This question comes up in almost every couple that starts discussing a prenuptial agreement. The feeling is that simply raising the topic signals distrust, an exit strategy, doubt. But the reality is much simpler - and much more mature.
What Does the Law Say Without a Prenup?
Israel's Property Relations Law of 1973 sets the default: everything accumulated during marriage is split equally. Sounds reasonable, but "accumulated during marriage" is a broad term. An apartment you bought before the wedding but paid the mortgage on together? Could be considered joint property. A business you started before marriage but grew during it? Same story.
In the landmark ruling 5620/24, the Supreme Court applied "specific sharing" (shituf spetsifi) to pre-marital assets in a case where the couple had jointly managed the property for over two decades. While the ruling was fact-specific, it signals that pre-marital assets are not automatically protected without a prenup.
A Prenup = A Grown-Up Conversation
Signing a prenup is exactly like getting health insurance. Nobody thinks health insurance means "I'm planning to get sick." You simply understand that life has unknowns, and it's better to be prepared.
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A prenup lets you decide together, while you love each other and want the best for one another, what happens with your assets. That's far more fair than leaving those decisions to a judge who doesn't know you, at a time when you're no longer speaking.
What Can You Include?
- Which property stays private and which is shared
- What happens with a home owned before marriage
- How savings, pensions, and funds are divided
- Arrangements for a business owned by one partner
- Purchase tax savings (which can reach hundreds of thousands of shekels)
The Bottom Line
Many couples who signed a prenup report feeling more secure in their relationship after signing. Research shows that couples who discuss finances openly experience fewer financial conflicts during marriage. The agreement doesn't break trust - it builds it. Because two people who can talk about money and property as equals can talk about anything.
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Noberu
Content Team
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