Marriage Contract, Will, and Lasting Power of Attorney
Beginning a second chapter in life—after divorce or widowhood—does not only mean turning a new page emotionally, but also rebuilding a home, trust, and partnership. Whether it concerns a married couple or partners living together under the same roof, it is essential to establish a solid legal framework for the relationship in order to protect the rights of the spouses themselves, the children from previous marriages, and the assets accumulated over the years.
To this end, three essential documents should be put in place: a marriage contract, a will, and a lasting power of attorney.
Marriage Contract
A marriage contract is a legal agreement between spouses regulating the division of their property—whether acquired before the marriage or the beginning of cohabitation, or accumulated thereafter. In a second marriage, its importance is heightened, as most spouses already own real estate, savings, and financial assets. A marriage contract makes it possible, among other things, to:
- Establish full separation of property, so that each spouse remains the sole owner of their assets—apartment, finances, business, and social rights—and to determine in advance how property acquired during the relationship will be treated, whether separately or jointly.
- Regulate bank accounts and define a clear mechanism for the division of property in the event of separation.
The dissolution of joint property between spouses is governed by the Spouses’ Property Relations Law, 1973, and the Land Law, 1969. However, unlike the default legal arrangements, a marriage contract allows the parties to define a personalized property regime, ensure legal certainty, and exclude specific assets from equalization. In the absence of such an agreement, the matter is left to statutory interpretation and judicial discretion, which may create uncertainty and disputes, particularly where there are children from previous marriages.
A marriage contract must be approved by the Family Court or a religious court, granting it legal validity and reducing the risk of future litigation.
Will – Individual or Reciprocal?
A will is a legal document by which a person determines how their property will be distributed after death. In the absence of a will, the distribution provided under the Inheritance Law of 1965 applies. A will allows an individual to depart from default legal rules, express personal wishes, include specific provisions, create legal certainty, and prevent disputes among heirs.
- Individual will: A unilateral act by the testator. Each spouse drafts their will independently, determining how their property will be distributed upon death. It may include various provisions, such as granting a right of residence in an apartment to children or a spouse, and it may be amended or revoked at any time until death.
- Reciprocal will: A bilateral arrangement in which spouses rely upon one another’s will, similar to a mutual agreement. Typically, each spouse bequeaths their estate first to the surviving spouse, and after the death of both, to the children. Such wills often include a “successive heir” mechanism (Section 42 of the Inheritance Law) and restrict modification or revocation after the death of one spouse (Section 8A), in order to protect mutual reliance and the agreed balance, and to prevent the surviving spouse from infringing upon the rights of the deceased spouse’s children.
In a second marriage, the choice between an individual and a reciprocal will depends on the family structure, the scope of assets, and the relationship with the children. An individual will provides maximum flexibility and allows changes at any time. A reciprocal will protects mutual reliance, ensures financial security for the surviving spouse, structures the transfer of assets between the spouse and children from previous marriages, and safeguards specific heirs.
Lasting Power of Attorney
A lasting power of attorney is a legal document enabling a competent person to appoint an agent to act on their behalf in personal, financial, or medical matters in the event of mental incapacity. It is governed by the Legal Capacity and Guardianship Law, 1962, and requires signature before a qualified attorney as well as deposit with the General Guardian.
In the context of a second marriage, a lasting power of attorney ensures that the principal’s wishes are respected and helps prevent future disputes between the current spouse and children from previous marriages, while ensuring continuity in the management of accounts, assets, and legal and medical decisions—without the need for a court-appointed guardian, a process that may be lengthy and burdensome.
Its importance is particularly evident in international situations:
A person residing abroad who owns property in Israel may execute a lasting power of attorney and grant the appointed agent authority to manage the property and conduct legal proceedings on their behalf. The Legal Capacity and Guardianship Law does not restrict the execution of a lasting power of attorney based on the nationality of the principal.
Accordingly, any legally competent adult may execute a lasting power of attorney, provided that the procedural requirements of Israeli law are met, including written form, signature before a specially trained attorney, and deposit with the General Guardian (Section 32 of the Law).
Conclusion
A second marriage is an opportunity to build a mature and meaningful partnership while assuming responsibility. A marriage contract, a will, and a lasting power of attorney are acts of foresight: they protect the rights of spouses and children alike and ensure that personal wishes are respected. Together, these three documents form the legal foundation for long-term peace of mind.
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NB : This article is given as an indication, consequently each file/case will have to be the subject of a detailed study, in this direction the information contained in this article could not constitute a legal consultation.
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