Special Clauses in an Israeli Prenup — Get, Inheritance, Business, RSUs, Crypto & Debt
This guide is for general informational purposes only and does not constitute legal advice. For advice tailored to your circumstances, consult a licensed attorney.
A basic prenup decides who gets what if a marriage ends — but real life is more complicated than a single formula. A typical Israeli couple today holds far more than an apartment and a joint account: restricted stock units (RSUs) from a tech employer, a crypto wallet, a slice of a startup, a student loan or a loan from parents, and a real fear of get refusal. This is where special clauses come in. Instead of one rule for everyone, they tailor the agreement to your specific story. This guide walks through the five families of clauses that matter most in an Israeli prenuptial agreement — get, inheritance, business and digital assets, fidelity, and debt — and points you to the in-depth article on each. Plain language, no jargon, no drama.
The Get Clause — Protection Against Agunah
The get clause may be the single most important provision in an Israeli prenuptial agreement, because it touches the rawest nerve in our family law: the religious divorce is granted by the rabbinical court, not the civil court, and a spouse can refuse to give or accept a get to extract concessions. A well-drafted get clause creates a strong financial incentive to cooperate — for example a pre-agreed sum for every month of delay — without compromising the halachic validity of the get itself. That heads off the risk of agunah (a "chained" spouse) and of coercion, protecting both partners. The drafting here is delicate: a clause that is too aggressive can be struck down as a coerced get (get me'useh), so it has to be built carefully. The articles below explain exactly how to draft a get clause that holds up, and how it differs from a separate religious pre-marriage agreement.
Inheritance and Money From Outside the Marriage
Inheritance is one of the things couples get wrong most often. By default, an asset that someone inherits or receives as a gift is separate property, not shared — but the moment it gets "commingled" with marital money (say an inheritance deposited into the joint account or used to renovate the apartment), the line blurs and a court may treat it as shared. An inheritance clause in your prenup defines in writing, up front, what stays personal even after it mixes, and protects the intentions of the family that left it. This matters especially when parents help buy an apartment, or when a significant inheritance is expected on one side. A clear definition now saves a painful fight twenty years later. The articles explain how to coordinate this clause with a will, and how a prenup relates to inheritance.
Business, RSUs, Options, Startup Equity and Crypto
Professional and digital assets are the new frontier of prenuptial agreements. A business owner wants to make sure a divorce does not break up the company; a tech employee holds RSUs and options that vest over years — some before the marriage and some during it; a startup founder holds equity of still-unknown value; and there is the crypto wallet that nobody but the owner can see. Each of these needs a dedicated clause defining what is shared and what is not, and by what mechanism you calculate the portion that grew during the marriage. The special challenge is time: RSUs and options vest gradually, and you need a fair formula that divides only the part that vested inside the marriage. Crypto also demands documentation and disclosure — you cannot protect what you never declare. The articles below get into the specifics of each asset type.
Fidelity, Debt and Pension
Not every clause is about assets — some of the most important ones are about liabilities and behavior. A debt clause sets out who is responsible for debt created before the marriage or by one spouse alone, so that one partner is not dragged into a loan they had no part in. A pension and social-rights clause clarifies how rights accrued over a career are split. And some couples ask for a fidelity clause — an agreed financial arrangement in case of infidelity — though here it is worth remembering that Israeli courts do not always enforce such "penalty" clauses. What all these clauses share is mutual protection against surprises. The more you define up front, the less there is to argue about later. The debt article explains exactly how to word the separation so that it stands.
Frequently asked questions
Does every prenup need a get clause?
It is not mandatory, but it is strongly recommended. A well-drafted get clause reduces the risk of agunah and coercion in a divorce. It creates a financial incentive to cooperate without compromising the halachic validity of the get. If the clause matters for your situation, include it.
How do you protect RSUs and options that vest after the wedding?
You define a formula in the agreement that divides only the portion that vested inside the marriage and leaves the rest separate. Documenting the grant date and the vesting schedule keeps the calculation clear and fair for both sides.
Can you protect an inheritance that has already been commingled with marital money?
Yes, if you define it in writing up front in the prenup. The default is that an inheritance is separate property, but once it mixes with shared assets the line blurs. A clear inheritance clause preserves its personal character even after commingling.
Will a court enforce an infidelity clause?
Not always. Israeli courts are cautious about "penalty" clauses for infidelity and sometimes decline to enforce them. You can include a balanced financial arrangement, but it should be drafted carefully with legal guidance to give it a chance of holding up.