Question 1

Can same-sex couples in Israel enter a financial agreement (heskemei mamon)?

Accepted Answer

Yes. Same-sex couples in Israel — whether in a registered partnership or cohabiting — can enter financial agreements. The Israeli Supreme Court has consistently extended property rights to same-sex couples, and the legal framework for financial agreements applies equally regardless of gender or sexual orientation.

Question 2

What legal status do same-sex couples have in Israel?

Accepted Answer

Israel does not perform same-sex marriages, but same-sex marriages performed abroad are recognised for civil purposes. Same-sex couples can also register as 'known in the public' (yedua'im batzibur — common-law partners) or enter a registered partnership (shutafut rashuma). Each status carries different legal implications for property, inheritance, and separation.

Question 3

Why is a financial agreement particularly important for same-sex couples?

Accepted Answer

Because the legal framework governing property on separation or death is less clear for same-sex couples than for married opposite-sex couples, a written agreement is especially important. An agreement removes uncertainty, protects assets each partner brings into the relationship, and specifies what happens to jointly acquired property if the relationship ends.

Question 4

What happens to a same-sex couple's property if they separate without an agreement?

Accepted Answer

Without a financial agreement, Israeli courts apply general property law principles — principally the equalization of resources principle developed for married couples and extended by case law to long-term same-sex partners. The outcome is unpredictable and litigation is expensive. A prior agreement removes this uncertainty entirely.

Question 5

Can a same-sex couple include inheritance provisions in their financial agreement?

Accepted Answer

Yes. A financial agreement can address what happens to property on death — though for inheritance purposes, a separate will is also strongly advised. For partners who are not formally married (and therefore do not automatically inherit as spouses), ensuring both a financial agreement and a will are in place is critical.

Question 6

What should a financial agreement for same-sex couples cover?

Accepted Answer

The agreement should address: existing assets each partner brings in and whether they remain separate; jointly acquired assets and how they are owned and divided; treatment of inheritance received by one partner; pension rights; the family home; and what happens on separation. Adv. Elmaliach drafts agreements tailored to the specific circumstances of each couple.

Prenuptial Agreement for Same-Sex Couples in Israel

Why Financial Agreements Matter for Same-Sex Couples

Frequently Asked Questions

Financial Agreement for Your Partnership?