Prenup After Marriage - 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
- Yes, you can sign a property agreement at any stage — including during marriage and even approaching divorce
- Key difference: before marriage a notary suffices (one day, ~₪300); after marriage a court is required (2–4 months, ~₪1,000 fee)
- Common reasons: buying property, starting a business, receiving an inheritance, saving on purchase tax
- The judge verifies that the agreement was signed freely, that both parties understand it, and that there is no extreme prejudice
- The longer the marriage and the larger the shared assets, the more complex the agreement — better not to wait
Can You Get a Prenup After Marriage?
Yes, absolutely. The Israeli Property Relations Between Spouses Law (1973) allows drafting a property agreement at any stage - before marriage, during it, or even approaching divorce.
What's Different from a Pre-Marriage Agreement?
The main difference is the approval process:
| Before marriage | After marriage | |
|---|---|---|
| Approval | Notary | Family Court |
| Duration | One day | 2-4 months |
| Approval cost | ~300 NIS | ~1,000 NIS court fee |
| Complexity | Simpler | Requires court hearing |
Why Get an Agreement After Marriage?
Several common reasons:
- Property purchase - one partner buying an apartment with family money (especially given ruling 5620/24)
- New business - protecting a business from future division
- Inheritance - receiving a significant inheritance you want to protect
- Changed circumstances - relationship crisis, second marriages
- Purchase tax - saving tax through property separation
The Court Process
- Drafting - a lawyer drafts the agreement
- Filing - submit a request to Family Court
- Hearing - the judge summons both partners for a hearing
- Consent check - the judge verifies no coercion and both sides understand the implications
- Approval - the judge approves the agreement, giving it the force of a court ruling
What Does the Judge Check?
- That the agreement was signed voluntarily
- That both parties understand the consequences
- That the agreement doesn't extremely disadvantage one side
- That there's no waiver of children's rights
How Much Does It Cost?
| Component | Cost |
|---|---|
| Drafting + representation | 3,000-8,000 NIS |
| Court fee | ~1,000 NIS |
| Total | 4,000-9,000 NIS |
Important Tip
The longer the marriage and the more shared assets, the more complex the agreement. If you're considering a post-nuptial agreement, don't wait - the simpler the situation, the easier the agreement is to draft and approve.
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Noberu
Content Team
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