Why is it important to make a prenuptial agreement by an expert in the field??
The phrase “Love spoils the line” is attributed to Rabbi Shimon Bar Yohai (Bereishit Rabbah, Vayra, Parasha 55, mark 8). Often, a couple is about to get married and the last thing they want is to spoil the idyllic pre-marital bliss, or compound an already stressful pre-wedding period. However, a well-crafted prenuptial agreement, drafted by a notary with experience in the field, might help alleviate stress and bring on marital harmony, even after the marriage itself, and not vice versa.
Prenuptial agreements are often a source of friction when the request is brought on by one of the couple (or, as it often is, by a parent of one of the couple) prior to the marriage. However, a prenuptial agreement can actually be an important tool to prevent future frictions, and is doubly important when dealing with couples who already own assets and are entering a long term relationship without actually getting married. Unbeknown to most, is that prenuptial agreements can be verified by a notary, instead of by the court, thereby simplifying the process for all involved. However, it is important that the notary who drafts the agreement has experience in all issues addressed by the it (real-estate, corporate, contractual law and a variety of other topic which may be covered by the agreement), so he is able to assist the couple in drafting an agreement suitable to their particular needs.
Israeli law sets a general mechanism to balance a couple’s assets, according to which, couple’s assets are considered to be owned by both equally, with no regards to the way in which those assets are registered. Thus, for example, an apartment purchased by a couple and registered under the one’s name only, will still be considered as owned by both equally. This balancing of assets, by law, does not apply to assets owned by one prior to the marriage or assets received as a gift or as part of an inheritance during the marriage, but when spouses actively treat these assets as jointly owned, the lines tend to blur. When a couple doesn’t intend to marry (at least for the time being), the law’s mechanism for balancing assets does not apply, and the need for a prenuptial agreement becomes even greater.
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