Cancelling an approved divorce agreement or financial agreement: when and how

Divorce agreements and financial agreements are meant to give legal certainty and an agreed solution between spouses before, during or after a relationship. But at times, after the agreement is signed and approved by the court, it emerges that one of the parties acted in bad faith, that material information was concealed, or that there was undue influence. In such cases there is an option to try to request the cancellation of the agreement or its amendment, subject to strict legal criteria.

Halevi • Levi Law Office, with extensive experience in family law, represents claimants and defendants in applications to cancel a divorce agreement, to cancel a financial agreement, or to reopen files that were signed and approved in the past.

When can a divorce agreement or a financial agreement be cancelled?

Case law in Israel recognizes an exceptional and unusual option of cancelling a divorce agreement or a financial agreement that was given the force of a judgment, in cases such as:

A material mistake or misrepresentation at the time of signing

Concealment of assets, debts or significant financial information

Undue influence: pressure, coercion, dependence or exploitation of weakness

Signing without understanding the consequences, or without independent legal advice

An extreme and unforeseen change of circumstances (such as serious illness, bankruptcy, an extreme change in income)

What is the approach of the courts to cancelling an agreement?

According to the approach of the courts in Israel, agreements that were duly approved through a judgment enjoy a kind of "immunity", and therefore cancelling them is not self-evident and is no small matter. At the same time, whoever wishes to cancel an agreement that was given the force of a judgment has to prove:

A material defect in the making of the agreement

Severe circumstances that justify the intervention

A causal connection between the defect and the outcome reached in the agreement

In a series of judgments it was held that a husband's non-disclosure of significant assets justifies cancelling part of the divorce agreement, even though it had already been approved in a judgment.

Frequently asked questions: cancelling a divorce or financial agreement

Can every agreement be cancelled?

Only in exceptional cases, and where there is a proven ground under contract law or family law.

Must an intent to defraud be proved?

Not always. A mistake, pressure, an imbalance or the concealment of material information may also justify cancellation.

What is the chance of succeeding in an application to cancel a divorce agreement?

That depends on the evidence, on the circumstances and on the severity of the defect. The more the agreement was drafted negligently or without legal advice, the greater the chances of challenging it.

Can only part of the agreement be cancelled?

Yes. The courts can cancel only certain clauses, or interpret the agreement anew in order to prevent an unjust result.

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