What is a Prenup?

Legal Definition

A prenuptial agreement (Hebrew: heskam mammon) is a legally binding contract between spouses, governed by the Property Relations Between Spouses Law, 1973 (Section 2). The agreement establishes in advance how assets, debts, and financial rights will be divided between the spouses - both during the marriage and in the event of separation or divorce.

Unlike regular contracts, a prenup requires approval from an authorized body: a notary (before marriage), a Family Court, or a Rabbinical Court (during marriage). Without such approval, the agreement has no legal force.

How is a Prenup Different from a Divorce Agreement?

A prenup is signed when the relationship is positive - before marriage or during it. Both parties negotiate in good faith, with mutual respect and cooperation. The result is typically a fair and balanced agreement.

A divorce agreement, by contrast, is signed when the couple has already decided to separate. Negotiations take place under emotional pressure, resentment, and adversarial conditions. Lawyers represent each side separately, costs skyrocket, and the process can drag on for months or years.

In numbers: the average cost of a prenup is 590-8,000 NIS as a one-time payment. The average cost of a divorce without a prenup is estimated at 30,000-150,000 NIS or more.

Why It Matters Especially After Ruling BA'M 5620/24

In a landmark ruling issued in June 2025, the Supreme Court established the "specific jointness" doctrine - under which even assets acquired before the marriage may be considered joint property if the spouses treated them as jointly owned. The implication: an apartment purchased before the wedding may be split equally if both spouses lived in it, renovated it together, or paid the mortgage jointly.

Before this ruling, assets acquired before marriage were generally considered separate property. Today, without an explicit prenup, no asset is automatically protected.

What Does a Prenup Cover?

A comprehensive prenup can cover all financial aspects of the relationship:

• Real estate - apartments, land, and commercial properties, including assets acquired before marriage
• Debts and loans - mortgages, business loans, and consumer debts
• Pensions and savings - pension funds, provident funds, management insurance, and continuing education funds
• Businesses - shares, stock options, goodwill, and intellectual property rights
• Inheritances and gifts - assets received or expected through inheritance or gifts
• Bank accounts and investments - savings, investment portfolios, cryptocurrency
• Spousal support - maintenance obligations in the event of divorce
• Get clause - a mechanism to prevent get refusal (refusal to grant a religious divorce)

When Should You Sign a Prenup?

You can sign a prenup at any stage - before marriage, during marriage, or as common-law partners. Experts recommend signing as early as possible, when both parties are in a positive and cooperative position. The earlier the agreement is signed, the broader the protection it provides.