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What are the grounds for setting aside a prenuptial agreement in Israel?

Under Section 2 of the Spouses (Property Relations) Law 5733-1973, a prenuptial agreement in Israel must be approved by a family court or rabbinical court to be enforceable. An agreement that was not court-approved is void from the outset. Even a court-approved agreement can be set aside under Section 15 if there has been a significant change in circumstances since signing, or if the agreement was obtained by duress, misrepresentation, or material non-disclosure of assets. Israeli family courts apply a high threshold before overriding an agreement freely entered into by both parties.

The Spouses (Property Relations) Law 5733-1973 (Chok Yachasei Mammon Bein Bnei Zug) governs how married couples in Israel may arrange their property rights by agreement. Section 2 sets a mandatory procedural requirement: any financial agreement between spouses must receive the approval of a Family Court judge or a rabbinical court dayan, who must verify that each party understood the agreement and entered it freely. The court conducts a brief hearing, usually 20–30 minutes, in which both spouses confirm they read, understood, and accepted the terms without pressure. An agreement signed only before a notary, or witnessed only by lawyers without judicial approval, does not satisfy this requirement and is treated as void. Courts have consistently held that the approval process is a substantive safeguard, not a formality, and that an unapproved agreement cannot later be ratified retroactively.

For couples who did obtain court approval, Section 15 of the same law provides a limited but real ground to challenge the agreement later. A spouse may petition the Family Court to vary or set aside the agreement if circumstances have changed so dramatically since signing that enforcing the original terms would be unjust. Courts have applied this standard in cases where one spouse became seriously disabled, where a jointly built business was omitted from the agreement by mutual mistake, or where assets were deliberately concealed at the time of signing. The standard for non-disclosure is stricter: if one spouse hid significant assets that would have materially affected the other's decision, the court can void the relevant provisions even without proving deliberate fraud. Foreign nationals should note that an Israeli prenuptial agreement is a separate document from any foreign-law prenup the couple may have signed abroad, and the enforceability of each must be assessed independently.

⚖ In Practice
  • Governing law: Sections 2 and 15, Spouses (Property Relations) Law 5733-1973
  • Competent authority: Family Court (Beit Mishpat LeMishpacha) or Rabbinical Court (Beit Din Rabani) — both can approve and both can set aside
  • Approval hearing: typically scheduled within 2–4 weeks of filing; hearing duration approximately 20–30 minutes; court fee approximately NIS 1,000–1,500 (2026)
  • Challenge timeline: no statutory deadline to apply under Section 15, but courts disfavor challenges brought long after divorce proceedings are well underway
  • Non-disclosure standard: the concealed assets must have been material — courts will not void an agreement over minor omissions or assets of negligible value

From the full guide: Prenuptial Agreements in Israel: What Foreign Nationals Need to Know

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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