12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- It is appropriate to begin by presenting the provisions of the law relating to the matter - Property Relations between Spouses Law, 5733-1973 (hereinafter: Property Relations Law) and the law Family Court, 5755-1995 (hereinafter: Family Court Law).
- Property Relations Law - The relevant provisions in our matter are fixed In the section 2 of the Property Relations Law, and they state as follows:
“)a) A prenuptial agreement requires the approval of the Family Court (hereinafter - the Court) or the religious court that has jurisdiction over matters of marriage and divorce of the spouses (hereinafter - the Court), and a change in such an agreement requires such approval.
(b) The approval will not be given until the court or tribunal has seen that the couple made the agreement or the change with free consent and understands its meaning and results.
(c) In a prenuptial agreement entered into before the marriage or at the time of its drafting, the verification of the marriage registrar may be replaced by the approval of the court or tribunal.
(c1) A prenuptial agreement entered into before the marriage can be authenticated by a notary public in accordance with the Notaries Law, 5736-1976, provided that the notary public finds that the couple before him made the agreement with free consent and understands its meaning and results."
This section regulates the possibility of spouses approving a prenuptial agreement that they have entered into between them. The term "spouses" is not defined by law Prenuptial Relations, but already many years ago, this court ruled that its provisions would apply Only for married couples (See: Civil Appeal 640/82 Cohen v. Attorney General, IsrSC 39(1) 673, 678 (1985) (hereinafter: the Cohen)). More specifically, Section 2(A) Law Prenuptial Relations Rules that spouses wishing to draw up a prenuptial agreement are obligated to approve it in the Family Court or the appropriate religious court, which has parallel jurisdiction in this matter (see: High Court of Justice 473/24 Anonymous v. Jerusalem Regional Rabbinical Court, paragraph 34 [Nevo] (June 22, 2025) (hereinafter: High Court of Justice 473/24)). In the absence of such an agreement, the balance of resources that appears in Chapter Two of the Law will apply in the case of the married couple Prenuptial Relations. In addition, Sections 2(III)-(C1) Law Prenuptial Relations Allow the couple to authenticate a prenuptial agreement made between them before the marriage registrar or before a notary, as a substitute for its approval in the courts. It is also worth noting that in accordance with its language, the clause permits the approval of a prenuptial agreement even before marriage. In accordance with what was stated in the judgment in the matter of Cohen, one should not distinguish between a certificate given before the marriage and a certificate given afterwards (Name, at p. 679).