"A well-established and well-known rule is that cases in which it is possible to cancel a prenuptial agreement that has been approved and received the force of a judgment are extremely rare, and it is not easy to accept claims regarding the nullity of the agreement. The burden of proof, which is placed on the plaintiff, is particularly high."
See also AMASH (Tel Aviv) 38753-06-19 Anonymous v. Anonymous [March 18, 2020]:
"The burden placed on the shoulders of those who petition for the cancellation of a prenuptial agreement that has been approved and received the force of a judgment is heavy."
- As determined in Leave to Appeal 359/85 Teresa (Kurplash) Koch et al. Baruch Koch IsrSC 39(3) 421:
"I doubt in my heart whether, after receiving approval for a prenuptial agreement between spouses in the presence of a judge... A spouse can be heard claiming that you entered into the agreement, contrary to his declaration, of his good and free will. If we conclude otherwise, the demand for such approval, which, by its very nature and nature, will be emptied of its content, to ensure that the couple fully understands the content of the agreement and willingly agrees to it."
After all, as held in other municipal applications 4/80 Munk v. Munk, IsrSC 36(3) 421 at p. 428:
"...The legislature ruled that an agreement between them is invalid unless a judicial instance is convinced that the agreement was made of free will, without pressure, and that both parties understood exactly what it was about and what were the possible consequences of signing that agreement."
- The plaintiff claims that the defendant concealed from her the true scope of his business, the fact that he is the owner of a property in Beit Shemesh about which she was misled into thinking that he was held by him in trust for his cousin, that he concealed the fact that he holds about $400, 000 in an account in the United States, and that he concealed the fact that he purchased an apartment in Givat Shaul from his parents.
- The defendant claims that the plaintiff was familiar with his business and their scope, did not bother to check the value of the defendant's company before signing the agreement, knew about the account in the United States and the money in it, and knew about the apartment in Beit Shemesh. As for the apartment in Givat Shaul, it was claimed that it was given to the defendant as a gift by his parents and therefore it is not included in the joint or balanced properties.
- As a rule, the waiver of rights in a prenuptial agreement must be explicit, informed and clear. An asset that was not mentioned in the prenuptial agreement, and was not included under a broad and explicit definition of mutual waiver, is presumed that there was no intention to relinquish the rights therein ("no mention - no waiver").
- The courts have ruled that general and standard waiver clauses (such as "the parties have no mutual claims") do not apply to material assets that were concealed or were not known to the other party at the time of signing.
The Honorable Judge Stemmer of the Haifa District Court rejected an appeal filed by the husband in light of the High Court of Kahalani Justice: