A divorce agreement made between spouses is considered by many to be the ideal path for ending a divorce proceeding
The divorce agreement is drafted in most cases by the couple’s lawyers, and it deals with all areas related to the specific divorce case of the couple, including issues such as: division of property, child support and alimony, custody matters, visitation arrangements and more. In all cases, the divorce agreement must receive the final approval of the tribunal (rabbinical or civil), in order to give the agreement legal validity. Although subject to the Israeli Contracts Law (1973), the marriage agreement enjoys a special status in the legal concept, due to the fact that it combines the principles of the Contracts Law with the principles of the ruling regarding family law.
The Supreme Court defined the divorce agreement which was given the force of a judgment as having a special status which gives it priority over an ordinary contractual agreement which has not been given the force of a judgment…
Grounds for annulment of divorce agreement
Like any other contractual agreement, the divorce agreement can be revoked if there are grounds that are defined as grounds for cancellation of a contract. These causes include, but are not limited to: coercion, extortion, deception, and more. Because the courts view the divorce agreement as a settlement agreement that operates in accordance with the principle of finality, there is legal complexity with regard to the cancellation of the divorce agreement, in contrast to any other contractual agreement. In order to lead a legal process intended for the purposes of revoking the divorce agreement, there is a duty of proof by the party wishing to lead to its revocation that the agreement is invalid due to a defect that occurred in it, including a material change in circumstances, coercion, deception and more.
Cancellation of a divorce agreement is a legal procedure that requires you to hire the services of a family law attorney in general and contract law in particular. Due to the legal complexity that accompanies the process of rescinding a divorce agreement, we recommend examining all the preliminary aspects even after drafting the agreement and signing it.
War of extermination
The word divorce evokes in everyone’s heart thoughts and ideas about ongoing quarrels and sometimes even “bloody” and bitter wars over the years in the courtrooms. Indeed divorce is a difficult procedure no matter where in life it occurs, at what time and in what situation. Divorce is not pleasant for any woman or man, certainly not for the children and the immediate surroundings.
A sane alternative
At the same time there is an alternative to a consensual divorce that is not held in the courtrooms and the law of agreements is not derived by a judge who is external to the relationship between the couple and his decision is cold and influenced by various factors. Consensual divorce is conducted through a lawyer or a mediating psychologist who tries and succeeds in finding creative solutions to issues between the spouses while preserving the interests of both in a process of mutual consent and understanding.
Pros
Consensual divorce has many benefits. Beyond the fact that they are in a respectful and honorable manners and out of an honest and genuine attempt to preserve the dignity of both the male and female spouses, they even save valuable time in the courts and the various bureaucracies, they save unnecessary expenses on lawyers and they mostly save a lot of heartache.
Consent Divorce
Consensual divorce is carried out as stated through a mediator who holds meetings with the couple together and with each other separately, when these meetings are fully confidential and it is not possible to provide information to anyone. After these meetings and understanding the situation correctly between the spouses, the mediator, if he is a divorce lawyer, will draw up a divorce agreement and a financial contract that details all the solutions he has found to the disputes between the spouses. The agreement will include the issue of child support and custody, the division of property, and other issues with the aim of safeguarding the interests of both parties. Consensual divorce is the creative cultural solution that maintains mutual respect for consent and understanding between the two spouses. Consensual divorce saves unnecessary expenses of time and money and prevents heartache. A consensual divorce promises a more comfortable and pleasant life ahead for both spouses who are divorcing but still have much in common.
Separation of spouses with a separation agreement
Before the divorce agreement, there are now quite a few married couples who are interested in dissolving their marriage and separating. This situation is common in all populations and at all ages, which means that each divorce agreement is different from the other, and there are different requirements, different situations and discussions on different issues in each such case. Sometimes, when the couple separates out of anger, there is a need for a divorce lawsuit and a slightly forceful procedure. Many times, however, the couple separates with full consent, while respecting each other.
Validity of a separation agreement
In these situations, the couple can reach a divorce agreement. This agreement includes any issue that the couple wishes to agree on, and it becomes legally valid after it is approved in the Family Court or the Rabbinical Court. An orderly separation agreement helps resolve various disputes related to divorce, and may also assist in disagreements that arise after the divorce.
A separation agreement should be legally valid, so it should be written with the help of a divorce lawyer who specializes in the field of divorce and family. The divorce agreement is then submitted to a judge or Dayan in order for it to be legally valid. The divorce agreement should include all the issues that pertain to the divorce, such as: division of property in the divorce, custody of the children, alimony, stay arrangements and the like. A separation agreement can also be written during a mediation process between the parties, or in a discussion of negotiations between the lawyers on both sides, and not necessarily directly between the husband and wife, which helps in cases where the relationship between the couple is strained.
What is important to include in a separation agreement
When the divorce agreement is written correctly and clearly, and receives legal approval and validity, both spouses can approach the divorce process itself, i.e. granting the divorce, in peace of mind, knowing that their various rights are guaranteed, and that in any case, there is a valid legal document to settle the problems between them. It is important, therefore, to write the agreement as clearly and accurately as possible, in order to avoid misunderstandings and future arguments.
It is important to make a separate agreement that will give a full answer to the specific parties who signed it. In contrast to routine agreements on civil matters, in family matters it is important to sew the suit for the divorcing couple. It is important to bring up any existing disputes, give an explanation of disputes that may be and then close the loopholes, in a way that is appropriate for the specific spouses. Of course an agreement cannot solve 100% of the problems that arise during the future life and especially when there are children in common, but it is important to reduce the disputes. A divorce agreement should include a reference to the children, the manner of their education, their care, their place of residence, the division of residence arrangements with each of the parents, a reference to the issue of alimony and expenses and a reference to the division of property accumulated by the parties.
Joint bank accounts
I would like to draw your attention to any an unusual activity in your joint bank accounts. Divorces find themselves in a turbulent emotional state at the time they decided on the separation, but economic management still exists jointly and therefore poses a tangible danger to attempted fraud and “money laundering.”
For this reason I want to talk about the attention you need to devote to checking your joint bank accounts. My warm recommendation is to be vigilant with regard to joint bank accounts and to examine the feasibility of restricting actions signed by both parties. This is a drastic action that has many consequences, so it is important to check beforehand whether the action is necessary in the circumstances of the case.
Please note – were there any strange and unusual financial withdrawals?
This is a warning sign that you must not ignore. Check that there are no drastic changes and changes in conditions so that you can always know what is going on in the account and that no actions will be taken against your opinion and will, while violating your financial rights. If you do not “keep your finger on the pulse”, you may find yourself in unpleasant situations of attempts to evade money and a real damage to your financial life after the divorce. Get in touch with the bank and use your bank’s website for close monitoring.
