"The approval will not be given until the court or tribunal has seen that the couple made the agreement or the change by free consent and that they understand its meaning and its consequences."
Section 2(c) provides as follows:
"In a prenuptial agreement entered into before the marriage or at the time of its drafting, the verification of the marriage registrar may come in place of the approval of the court or the rabbinical court."
Section 3(a) provides as follows:
"The couple did not make a prenuptial agreement, and if they did, to the extent that the agreement does not stipulate otherwise, they will be deemed to have agreed to the balance of resources arrangement under this chapter, and they will consider this arrangement to be agreed upon in a valid prenuptial agreement in which the provisions of section 2 have been fulfilled."
Section 3(b) provides as follows:
"Spouses who did not request verification of a prenuptial agreement in accordance with section 2(c), the marriage registrar will explain to them the content and meaning of subsection (a) before drafting them."
- In the Tax Appeal (Jerusalem) 1078/06 Anonymous v. Anonymous [Nevo] (May 10, 2009), the members of the panel disagreed with regard to the clarification required to determine whether a marriage agreement form constitutes a prenuptial agreement under section 2 of the Prenuptial Relations Law.
The Honorable Justice Drori (in the opinion of the Rabbi) ruled in the judgment as follows:
"I will add that in order to negate the principle of equality between the spouses, and its application to the property relations between the spouses, an idea that originated and was founded as early as the Women's Equal Rights Law, 5711-1951... Consent is needed that is 'explicit, positive, and not consent that is... It is vague, comprehensive, without any detail and does not relate at all to a property, financial arrangement, at the time of divorce'...
...
There is no dispute that the Registrar of Marriage can come in place of the court or tribunal, as the authority that approves a prenuptial agreement between spouses (as stated in section 2(c) of the Law). However, he is still obligated - as well as the court and the tribunal - to see that the couple did indeed make the agreement with free consent, and to understand its meaning and its consequences, as required by section 2(b) of the Law.