Will a condition, in a pre-nuptial agreement, signed by an Israeli couple, before a notary in Israel, which grants the Israeli family court exclusive of any financial dispute between them about marital property, still be valid, if the couple married and have since divorced, in Israel, but are considering living together again, without remarrying, and relocating overseas, and purchasing property?

Answers

No! When the marriage ends via divorce the couple’s financial partnership under the agreement ends, and the jurisdictional condition in it will also cease to be valid. The agreement, and the jurisdictional condition in it, will not be relevant anymore and a different legal situation will apply to any property accrued during the period of cohabitation following the marriage.

So stated Tel Aviv Family Court in January 2015, in File 523324-10-14, when it accepted an application by the former female partner (represented by our law practice) to throw out proceedings filed by her former partner for an injunction preventing her from continuing with legal proceedings she had filed against him overseas concerning property acquired during the period of cohabitation , based on the claim that a jurisdictional condition in their pre-marital agreement still applied.

The couple were Israelis , an ex-husband and wife, who had relocated overseas , to Canada, and then to the U.S.A,as a cohabiting couple, after their divorce, and separated overseas, in the USA, after acquiring property abroad, following their relocation. They had entered into a pre-marital agreement before a notary, in Israel, giving Israeli courts exclusive jurisdiction over their financial affairs, had married and divorced one another in Israel, but had not made a new agreement to cover the period of cohabitation after their divorce. The court accepted the woman’s arguments that the USA, and not Israel, was the appropriate forum for dealing with their financial affairs.

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