What's Actually Inside a Prenup? A Clause-by-Clause Guide

What Does a Prenup Include?

An Israeli prenuptial agreement consists of several key sections that together create a legally binding document. Here's what each part covers.

1. Personal Details & Declarations

The first section includes both partners' personal information - full name, ID number, address, and marital status. It also contains a declaration that the agreement was signed voluntarily without coercion.

2. Existing Asset Declaration

This is where each side lists what they're bringing into the marriage:

• Real estate - apartments, land, property rights
• Savings - bank accounts, provident funds, education funds
• Debts - loans, mortgages, guarantees
• Other assets - vehicles, jewelry, expected inheritances

3. Property Arrangement During Marriage

The core section of the agreement. This sets the rule - will property acquired during the marriage be shared or separate? Common options:

• Full separation - everything each side acquires stays theirs (especially important for business protection and purchase tax savings)
• Full sharing - everything acquired belongs to both (like the legal default)
• Mixed model - shared residence, separate other assets

4. Residence Arrangement

The home is usually the most important asset. The agreement defines:

• Who owns the residence (and in what proportions)
• What happens to the home in case of separation
• Who pays the mortgage
• Living rights until a sale

5. Pension & Social Benefits

Family courts generally split pension rights accumulated during the marriage. A prenup can set:

• Whether pension will be split or stay with each party
• From what date sharing begins
• Whether manager's insurance is included

6. Children & Child Support

Important to know: you cannot waive child support in advance - it's the child's right, not the parent's. But the agreement can address:

• Preferred custody arrangements
• Education and health expense splitting
• Guiding principles for mediation

7. Notarial or Court Approval

A prenup requires external approval to be valid:

• Before marriage - notary approval is sufficient
• After marriage - requires Family Court approval

Without approval, the agreement has no legal validity.

Summary

A good prenup is clear, detailed, and tailored to the specific couple. No single template fits everyone - that's why it's important to build it with a full understanding of both sides' financial situation.

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