Legal Updates

A prenuptial agreement cannot be revoked or changed in conduct but only by way of a new prenuptial agreement to be approved in Court

February 10, 2021

Prior to the wedding, a couple signed a prenuptial agreement, according to which the man has no rights in the house purchased by the woman. When the marriage collapsed the woman demanded to evict the man from the house but he contended that it was a draconian prenuptial agreement made for appearance only when he was in bankruptcy proceedings but after the proceedings were canceled the agreement was abandoned and changed by behavior of the couple during the life together.
The Family Court held that the prenuptial agreement is binding and the man is to be evicted from the house. Israeli law sets that a contract entered into for appearance only is invalid because the parties had no intention of entering into it. However, the intention of the parties when entering into the agreement must be learnt from the totality of the circumstances of the case. Even if the agreement is made in order to avoid creditors, it does not make the agreement an agreement for appearance only and when a person who contends in one proceeding (bankruptcy) that an asset does not belong to him, cannot later contend otherwise. A prenuptial agreement executed before marriage may be executed by a notary and no Court approval is required, and a prenuptial agreement cannot be changed or revoked by conduct. If a party to a prenuptial agreement wishes to change it, the way to do it is by executing a new agreement and getting it approved by the Court. Therefore, the prenuptial agreement is valid and the person has no rights in the house.