The claim for a declaratory judgment was also accepted, in a judgment of March 26, 2024 (Family Case 30724-01-22).
This judgment is the subject of the appeal before us.
The claim for a declaratory judgment was based on the provisions of sections 15.9-15.19 of the prenuptial agreement:
Clause 15.9 of the prenuptial agreement states that "during the first year from the date of signing this agreement, the man undertakes to purchase, at his own expense and independent sources (including by means of a mortgage loan that will be repaid entirely from the man's independent sources), an apartment for a consideration not less than a total of ILS 1,900,000 (one million and nine hundred thousand) new shekels (hereinafter: the investment apartment)."
In clause 15.10, the parties determined that the respondent would be entitled to rights in the investment apartment, in a gradual manner over years (within 4 years "from the beginning of the joint life" - 1/3; At the end of 7 years "from the beginning of the joint life" - 2/3; at the end of 10 years "from the beginning of the joint life" - full rights).
In clause 15.11, the parties regulated the respondent's rights in the investment apartment in the event of separation during the 10 years "from the date of the signing of this agreement", including the first right to purchase the remaining ownership of the apartment that will be available to the respondent in the event of separation after four years from the date of signing the agreement.
In clause 15.12, the parties agreed that the price of the investment apartment at each stage includes a mortgage at a rate not exceeding ILS 1 million, and that any payment distribution of the value of the apartment according to the mechanism determined will include the relative portion of the mortgage as it will be correct at that time.
In clause 15.13, the parties determined that if the respondent did not wish to exercise the right of the former, it would pass to anyone.
In clause 15.14, the parties determined that "to the extent that during the joint life the husband passes away, the full ownership of the investment apartment will pass in full to the woman. To the extent that the woman passes away during the joint life, her legal heirs will be entitled to her rights in the investment apartment, in the proportion of the woman's ownership of the rights in the apartment at the time of her death.