Will a pre-nuptial agreement made by two Israeli citizens who married in Israel but who relocated overseas many years ago be relevant to foreign divorce proceedings relating to marital property?

Answers

Yes! Even if the centre of the parties’ lives has been outside of Israel for many years, and the foreign forum has jurisdiction over property matters, according to rules of private international law, the law of the country where the marriage was celebrated, is normally still the applicable law.

Israeli legislation sets out a default mechanism governing the ownership and division of marital property, but parties are able to customize their property relations, and make a valid pre-marital agreement via a notary, or a court, which can, in principle, be recognized and enforced within the framework of overseas legal proceedings when the relationship ends. Our law practice can provide legal opinions on Israeli law for legal proceedings in foreign jurisdictions if required.