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Cohabitation Agreement

Legal framework for couples living together without marriage — relationship recognition and clear property division.

Scales of justice with a house and key balanced against coins — Cohabitation Agreement, Helen Robinsky Tal Law Office

Overview

A cohabitation agreement is designed for couples living together without marriage — whether by choice, or because of an impediment to marrying in Israel. Since Israeli law does not define who qualifies as a "common-law partner" (yedu'im b'tzibur), the agreement serves a dual role: legal recognition of the partnership and a clear definition of property sharing during the relationship and upon separation. The agreement does not require court approval, but court approval is recommended in suitable cases.

Key Benefits

What We Deliver

Legal recognition of partnership

A signed agreement is decisive evidentiary support for proving "common-law partner" status before banks, National Insurance, tax authorities and third parties.

Tailored property division

Precise definition of personal vs. shared assets, division rules upon separation, and resolution of the appreciation question for durable assets.

Protection of pre-relationship assets

Safeguarding apartments, savings, inheritances and investments you brought with you, including protection from future family claims.

Clauses tailored to non-marital partnership

Resolving matters that married couples are exempt from: pension rights, insurance, mutual inheritance, taxes and shared housing.

Shared apartment arrangements

Clear rules for apartment purchase, mortgage payment division, appreciation, and what happens to the apartment upon separation or death.

Mutual protection upon death

Arranging inheritance, life insurance and pension rights — matters that are not automatically resolved by law in a non-marital partnership.

Common Questions

Frequently Asked Questions

Who needs a cohabitation agreement?
Any couple living together without marriage — whether by choice (civil partnership, avoiding a religious process), or due to impediments (same-sex couples, interfaith partners, individuals who cannot marry in Israel). The agreement is especially relevant when purchasing a shared apartment, opening a business, or entering a relationship with pre-existing assets.
What's the difference between a cohabitation agreement and a prenuptial agreement?
A prenup for married couples requires court or notary approval to be valid. A cohabitation agreement is valid upon the parties' signatures alone, by virtue of freedom of contract. It is therefore more flexible and less expensive to execute. That said, court approval gives it the force of a judgment and substantially strengthens enforcement — recommended in complex cases.
Does the agreement prove we are common-law partners?
Yes, the agreement is particularly strong evidentiary support. Israeli law does not define who qualifies as a "common-law partner" — the proof must be made anew each time (before National Insurance, tax authorities, banks). A signed agreement that explicitly describes the relationship and joint life saves future disputes and provides certainty.
How much does a cohabitation agreement cost?
A simple agreement between a couple without children or complex assets: 3,500-6,000 NIS plus VAT. A complex agreement including a shared apartment, companies, foreign assets, children from a previous relationship or tax planning: 7,000-15,000 NIS. The cost includes initial consultation, drafting, and if necessary court approval.
What should be included in the agreement?
Essential components: identifying pre-relationship personal assets; division rules in case of separation; treatment of assets to be acquired during the relationship (especially a shared apartment); mutual rights upon death (since without an agreement, a common-law partner does not automatically inherit like a spouse); support clauses; pension and insurance arrangements.
Is the agreement still valid if we get married in the future?
Not necessarily. If you decide to marry, it is recommended to convert the agreement into a formal prenuptial agreement approved by a court or notary. You can stipulate in advance in the cohabitation agreement that its validity continues after marriage, but this requires special drafting and sometimes also separate formal approval after the marriage.

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