The explanation to the signatories of the prenuptial agreement, including: an explanation of its meaning and results, is one of the important characteristics of a prenuptial agreement, according to section 2 of the law.
... The prenuptial agreement excludes the application of the resource balancing arrangement, which is set out in the second chapter of the prenuptial relationship file, therefore, a party who wants to rely on a specific prenuptial agreement ... It must be proven not only that a prenuptial agreement was drawn up between the spouses, and that it was signed, but that party must bring evidence that the agreement, on which it bases its arguments, meets the requirements of the law, i.e., at the time of signing the prenuptial agreement, there was approval and verification by a court, tribunal or marriage registrar, and that the approval and verification were made, as stipulated in section 2(b) of the Law (quoted above in paragraph 24 of the law). In other words, only after the certifying party has seen that the couple entered into the agreement with free consent, and they understand its meaning and consequences, as required by section 2(b) of the law.
This is not a trivial matter. The approval or verification procedure must be serious. For this purpose, the approving party must speak with the parties, explain to them the agreement, its meaning, and its results. Only afterwards, and after the approving party has been convinced that the couple has indeed understood his explanations, will the approving party check with both spouses, with all the knowledge in their hands, whether they are signing a prenuptial agreement, with free consent. Only at the end of these stages is that certifying body (the court, tribunal or marriage registrar) may sign that the requirements of section 2(b) have been fulfilled . And then, and only then, we will have before us a prenuptial agreement, in accordance with the law."
- It should be noted that the majority opinion heard by the Honorable Judge Drori and Judge Zaban disagreed with the opinion of Honorable S. President Havash Asher established a presumption according to which the Registrar of Marriage, who is the representative of the Qadi, explains to both spouses the significance of the stipulation that applies the rules of Islamic law to the balance of resources set forth in Israeli law.
- Family Case (Jerusalem) 11560/04S. v. M.B. [Nevo] The Honorable Judge N. Maimon explained her position regarding an agreement regarding a prenuptial relationship between spouses as follows:
"It must be explicit, clear, and whoever approves the agreement has a duty to be convinced that the parties have indeed understood the results of their agreement and signed the agreement out of understanding and free will."