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Prenuptial agreements and their validity

Our office represented a man that was being sued by his ex-wife. The subject is of a couple that lived together, despite not being married and not having children in common. Both spouses had assets, rights and obligations from the period preceding their cohabitation, and they accumulated property and obligations after starting their common life. After a few years of living together, they had an agreement where they wanted to ensure each party’s rights and the certainty that they won’t be sued for debts and obligations of the other partner. After a few years, the woman sued our client, where she wanted half of the property and the rights in the man’s name. Her claims against the prenuptial agreement were that it wasn’t legally authorized, and even if it was about a legal agreement, the conditions thereof were forced on her. After many hearings, long inquiries and many witnesses, the family court accepted our client’s claims that the subject is a valid agreement, since the provisions of the Property Relations between Spouses Law don’t apply to it, because the couple wasn’t married. As for the claims of coercion and threats, it was proven that the agreement doesn’t deprive the rights of either party, and that in fact the provisions were worded as such that the plaintiff received in the agreement rights that she didn’t have beforehand, and that the parties relied on commitments in the agreement and that dishonoring them would miss the purpose of the agreement which, as stated, was decided being legal and binding. The outcomes of the proceeding were that our client won, the woman’s lawsuit was dismissed and the court accepted the entire claims of our client.

עברית (Hebrew) Português (Portuguese (Brazil))

Prenuptial agreements and their validity

Ronen Tzvi Simon, Attorney at Law