Prenup and Inheritance — Protecting Family Inheritance

What Is a "Prenup and Inheritance" Clause?

A prenup and inheritance clause is a specific provision in a prenuptial agreement that designates future inheritances and family gifts as separate property — belonging solely to the recipient, regardless of how those assets are used during the marriage. Without this clause, Israeli law leaves the door open for inherited assets to become joint marital property through a concept known as "asset commingling."

---

The Risk Most Couples Miss

Under Israel's Property Relations Between Spouses Law (1973), the default framework is resource equalization: assets accumulated during marriage are split equally upon divorce. Inheritances are technically exempt — but that exemption evaporates the moment inherited funds mix with shared assets.

Common ways inheritance protection is lost:

• Depositing inherited money into a joint bank account
• Renovating a jointly-occupied home with inherited funds
• Investing an inheritance in a shared portfolio
• Buying a family car with inheritance money

In each case, a court may rule the funds were absorbed into marital property — and are therefore subject to equalization in a divorce.

---

What the Clause Actually Covers

A well-drafted prenup goes beyond a generic "keep assets separate" statement. It should address:

• Future inheritances — any asset or sum received from a third party remains the recipient's alone
• Family gifts — cash, real estate, business shares, vehicles
• Named expected inheritances — if grandparents intend to transfer a specific apartment, that asset can be named explicitly
• Income from inherited assets — whether rental income or dividends from inherited assets are also kept separate

---

Who Needs This Most?

• Families planning to pass down a business or real estate
• Couples where one partner expects to inherit property
• Second marriages with children from prior relationships whose inheritance rights must be protected
• Any couple who wants money that came from one side of the family to stay on that side

---

How Nobiru Handles It

Nobiru's 7-step questionnaire includes a dedicated section on inheritances and gifts. The platform assembles your agreement from 37 attorney-approved clauses, including a detailed separate-property provision. Base price: ₪599 per couple. Optional personal lawyer review: ₪499. Notarization (required for legal validity) costs ₪526, paid directly to the notary.

---

Related Concepts

• ביטול חזקת השיתוף — how a prenup removes the cohabitation presumption of joint ownership
• הסכם ממון לנישואין שניים — unique considerations when children from prior marriages are involved
• הגנה רכושית דיגיטלית — protecting crypto, RSUs, and digital assets in a prenup