Many couples sign a prenuptial agreement before marriage - but don’t know whether it remains valid once they wed. A 2026 Israeli Supreme Court ruling (Bam 8399/24) closes this legal uncertainty and changes the rules.
The Problem the Ruling Solved
Until this ruling, couples who lived together signed financial agreements under the Spouses’ Property Relations Law. When they later decided to marry, a legal vacuum emerged: does the agreement remain valid after marriage? Some judges said yes, others said no. Couples were required to return to court and re-approve an agreement that had already been approved - wasting time, money, and causing unnecessary stress.
What the Supreme Court Decided (Bam 8399/24)
A prenuptial agreement signed and approved by the family court before marriage remains valid after marriage - provided two conditions are met:
- The agreement includes an explicit clause stating it will apply in the event of future marriage.
- The agreement was approved by the Family Court - not merely notarized.
What to Check If You Signed Before Marriage
- Court approval - notarization alone is not sufficient under this ruling.
- A post-marriage applicability clause - without this clause, the agreement may not be currently valid.
- Date of signing - older agreements drafted before this ruling may contain gaps.
What to Do Before Marriage
The ruling makes clear that a correctly drafted prenuptial agreement approved by the family court before marriage provides full protection. It’s preferable to finalize it before the wedding, when both parties are calm and thinking clearly.
Bottom Line
The Supreme Court ruling closes a loophole that caused unnecessary legal uncertainty for many. But the protection it grants depends on precise drafting. An agreement written without professional legal guidance may not meet the required conditions.
Gal Rossabi Mor Law Office assists couples in drafting, approving, and updating financial agreements. We’d be glad to review your situation.
