Because she was a business woman, Keren knew that in certain cases it was advisable to draft a prenuptial agreement. Therefore she and her partner Ron contacted my office for advice. "We met 5 months ago and now we would like to get married, what is a prenuptial agreement and can we make one before the marriage?
I explained to them the relevant legal situation for them: A prenuptial agreement is a contract where the couple cite various provisions relating to the property. If the provisions of the agreement are contrary to the principle of "balance of resources" of the law then the instructions in the agreement take precedent over the law.
A prenuptial agreement that is written before the marriage must be approved by a legal court. It can be also be approved by a marriage registrar or notary.
Keren turned to Ron and said "at our age and because we are both doing this "the second time around" when each of us carry the memories and weight of the first marriage, we must prepare for the situation where G-d forbid, we have a crisis and we must at least prevent conflicts about money". The agreement was drawn up and signed.
After 3 years Karen and Ron returned to my office. It turned out that their marriage had broken down and Ron who had been generous in the agreement that they signed was now interested in reneging on the agreement. Today he claimed that Keren forced him to sign the agreement by threatening him that if he didn't sign she would not marry him, would leave him and disclose details of his shady past. The two of them wanted to know if Ron could renege on the agreement…
Ron's ability to renege on the agreement is almost impossible. The Supreme Court already ruled on this subject and explained that if they allow people to renege on the agreements the agreements will lose all significance.
However, there is no difference between a regular contract and an agreement made within the framework of a prenuptial agreement. A mistake or deception that can result in the cancellation of a regular contract, can also bring about the cancellation of the prenuptial agreement of a couple even if it was approved in court.
To remove any doubts it must be clear: a prenuptial agreement is only applicable in cases of separation and not death.