You didn’t sign a prenup.
Maybe it didn’t feel necessary. Maybe the conversation never happened. Maybe you were focused on the wedding, the move to Israel, the new life you were building together — and a financial agreement felt like planning for failure rather than planning for the future.
But time passes. Things change. A business grows. An inheritance arrives. One of you steps back from work to raise the kids. The financial reality of your marriage today looks nothing like it did on your wedding day — and you’re starting to wonder: if something went wrong, where would each of us stand?
Uncertainty is the problem. A postnuptial agreement is how you resolve it — not by planning for divorce, but by building the kind of clarity and trust that makes marriages stronger. I’ve spent years helping English-speaking families in Israel — olim, expats, and couples navigating assets across multiple countries — work through exactly this. Download my free guide to prenuptial and postnuptial agreements to understand your options before you read on.
What Israeli Law Actually Says About Postnuptial Agreements
Israeli law allows married couples to enter into a financial agreement — in Hebrew, heskem mamon (הסכם ממון) — at any point during the marriage, not only before the wedding. This is the postnuptial agreement. Like a prenuptial agreement, it determines how assets, debts, property, and financial matters are handled, either during the marriage or in the event of divorce or death.
There is one critical distinction from a prenup: a postnuptial agreement must be approved by the Family Court. The court reviews the agreement to ensure it is fair, that both parties understand what they are signing, and that neither was pressured. Some people see that as a hurdle. I see it as your protection. A court-approved postnuptial agreement is extremely difficult to challenge later, which means the security it gives you is real and durable.
To see how this process works in practice, watch Making Pre-Nups and Post-Nups Legally Binding in Israel. For a full overview of what a postnuptial agreement covers, visit my postnuptial agreement page.
Four Situations Where a Postnuptial Agreement Changes Everything
Your Financial Picture Has Changed Since You Got Married
The law doesn’t automatically update to reflect your life. If your financial situation has changed significantly since you married — a business built up during the marriage, an inheritance received, one spouse leaving the workforce — Israeli law may treat those assets very differently from how you’d expect. Without a financial agreement, what you assume is yours may not be. And for olim and expats with assets in more than one country, the uncertainty is compounded: different legal systems can reach different conclusions about the same property.
A postnuptial agreement formalizes where things stand today. It replaces assumptions with clear terms — what belongs to whom, what is shared, and what happens if things change again. The uncertainty sitting in the background of your marriage gets resolved.
Money Is Causing Conflict and It's Putting the Marriage Under Pressure
When financial security feels uncertain, it poisons everything. The “what-ifs” become ammunition in arguments. One or both spouses feels exposed. Fear about the financial future quietly erodes trust — and the marriage itself. Left unaddressed, this rarely improves on its own.
Naming the financial reality and putting it in writing removes fear from the equation. I’ve seen couples leave this process with a renewed sense of commitment — because the conversation it required was the one they had been avoiding. When the “what-ifs” are settled, they stop being weapons. Couples stay together for the right reasons.
A Business or Significant Asset Is Exposed
Without a financial agreement, a spouse may be entitled to a share of a business, an inheritance, or a family property — even one you assumed was entirely yours. This is especially acute for business owners, for families with multi-generational assets, and for those with children from a previous marriage whose inheritance needs to be protected.
A postnuptial agreement defines exactly what is separate property and what is marital property, protecting specific assets from division and clarifying what happens to debt. It removes the ambiguity that makes divorce so destructive for family businesses and complex estates. This is one of the most common reasons clients come to me — and a powerful illustration of how legal clarity changes everything.
Get Refusal Is a Risk You Haven't Addressed
In Jewish divorce, a husband must grant his wife a Get for the divorce to be valid under religious law. Get refusal — one spouse withholding the Get — is a recognized crisis in Israel, and without protection in place, one spouse can be left trapped indefinitely. Most couples don’t think about this risk until it’s too late. For a full explanation, read Get Refusal in Israel: What Agunah, Agun, and Moredet Mean.
A postnuptial agreement that includes a mutual respect clause puts a financial disincentive in place for Get refusal, removing the leverage that makes it so damaging. It can also include a provision for marriage counselling before any divorce proceedings begin. If you didn’t address this in a prenup, a postnuptial agreement is your second chance — and I strongly recommend taking it.
Common Mistakes People Make With Postnuptial Agreements in Israel
Mistake 1: Signing an agreement without court approval
Why it matters: A postnuptial agreement without Family Court approval is legally worthless. Couples who skip this step discover the problem at exactly the wrong moment — when the agreement was supposed to protect them.
The fix: Work with a qualified Israeli family law attorney who drafts the agreement and takes it through court approval. This step is not optional — it is what makes the protection real.
Mistake 2: Relying on an agreement drafted in another country
Why it matters: Many clients arrive with US or UK agreements they assume will hold in Israel. They often don’t. Israeli law has its own requirements, the Rabbinical Court has its own jurisdiction, and Get-related provisions must be specifically addressed.
The fix: Have any existing agreement reviewed and, if necessary, replaced by an attorney who understands both Israeli and international family law. I do this regularly for olim and expat clients.
Mistake 3: Waiting until the marriage is already in crisis
Why it matters: An agreement signed under duress is far more likely to be challenged in court. The moment you most feel you need protection is often the worst time to try to put it in place.
The fix: Act when the marriage is stable and both spouses can engage freely. The best postnuptial agreements are signed before anyone feels they need one — and that is the conversation I always encourage clients to have sooner rather than later.
Frequently Asked Questions
Is a postnuptial agreement the same as a prenuptial agreement?
They cover similar ground — assets, debts, property, and financial matters in the event of divorce or death. The difference is timing and process. A prenup is signed before marriage; a postnup after. In Israel, the postnup requires Family Court approval to be binding, while a prenup can be executed before a notary. My free guide to prenuptial and postnuptial agreements walks through both in plain language.
Can a postnuptial agreement cover child support?
No — child support is determined by the court at divorce based on the child’s best interests. A private agreement between spouses cannot fix this in advance, and I always make sure clients understand this clearly before we begin.
We have assets in both Israel and abroad. Can a postnuptial agreement cover both?
Yes — but it requires careful drafting by someone who understands both Israeli and international family law. This is one of the most common situations I handle for English-speaking families in Israel, and getting it right requires close attention to where your assets are held and which legal system governs them.
Can either spouse challenge the agreement later?
A properly drafted, court-approved postnuptial agreement is very difficult to challenge. That is precisely why the court approval process exists — to ensure both parties understood and freely agreed to what they signed. Agreements made under duress or without full financial disclosure are more vulnerable, which is why I insist on doing this properly from the start.
How do I get started?
Contact my office by phone at 077-200-8161 or by email at jay.hait@orcheidin.co.il. Have a general sense of your assets, what has changed since you married, and what you want to protect. My team will take it from there.
Your Postnuptial Agreement Checklist
- Map out your financial situation — what you own, what you owe, and what has changed since your wedding day
- Identify the assets that matter most: a business, an inheritance, a property, a pension
- Think about whether one of you has stepped back from work — and what that means financially if things change
- Consider whether Get refusal is a concern — and whether you want to address it now rather than later
- Visit my postnuptial agreement page to understand what the process involves
- Watch Making Pre-Nups and Post-Nups Legally Binding in Israel — so you understand exactly what court approval involves and why it matters
Need Guidance on Your Next Step?
- Contact our office to discuss your situation and learn how we may be able to help.
- Call: 077-200-8161
- WhatsApp: Send us a message
- Email: jay.hait@orcheidin.co.il
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- Read more about our clients’ experience in testimonials.
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