Caselaw

Family Appeal (Tel Aviv) 42471-05-24 Anonymous vs. Anonymous - part 10

February 26, 2025
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Since I am required to apply my position to the circumstances of the present case, the conclusion in his case is clear - the provision of clause 15.14 of the prenuptial agreement is a "hereditary" provision that came into effect after the death of the deceased, and it (and in combination with the provision of clause 15.19 of the prenuptial agreement) does not have the power to entitle the respondent to the apartment, since it contradicts the provision of section 8 of the Inheritance Law, and as such it is invalid.

The apartment in his case is explicitly an external asset that cannot be balanced.  Beyond the fact that it was purchased before the marriage, the prenuptial agreement includes the apartment in detailing "the man's assets" that are "his exclusive ownership" and which "will not be balanced between the parties" (paragraphs 7, 7.1 of the agreement).  Clauses 8.1-8.2 of the prenuptial agreement, to which the respondent referred, do not teach otherwise.  They enshrine the right of each of the parties to do with the assets and rights in its exclusive ownership (as detailed in Section 7) as it wishes, including by way of sale, transfer, grant, etc., to others.  In our case, the deceased did not act at any stage after the conclusion of the prenuptial agreement to grant any right to the respondent in the apartment.  Indeed, in other clauses of the prenuptial agreement, it was stipulated that the man undertook to purchase "during the first year from the date of signing this agreement" an apartment known as an "investment apartment" (clause 15.9 of the agreement) which would be registered in the man's name (clause 15.15 of the agreement) and the parties reached agreements regarding rights that the respondent would be entitled to receive ownership of the investment apartment, starting from the end of 4 years from the beginning of the joint life (clause 15.10 of the agreement) and also in the event that the parties separated after those 4 years from the beginning of the joint life (clause 15.11 of the agreement).  The agreement also establishes a mechanism to ensure the respondent's rights in the investment apartment that she will purchase after those 4 years of joint life by registering a warning note (clause 15.15 of the agreement) and prohibiting the man from selling the investment apartment without the respondent's consent (clause 15.17 of the agreement).  The agreement also establishes a sanction in the event that the man did not actually purchase the investment apartment "during the first year of the period of joint life", a sanction that is reflected in the application of the aforementioned arrangement, to the apartment instead of to the "investment apartment" that was not purchased.

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