Divorce Agreement and Reconciliation (Shalom Bayit) Agreement

The Halevi • Levi law office, which specializes in family law in the central and northern regions, accompanies hundreds of clients in conducting divorce proceedings, couples mediation, the drawing up of legal agreements and representation before the family courts. One of our central areas of practice is the professional drafting of a divorce agreement and a reconciliation (shalom bayit) agreement, with the aim of reaching a fair, lawful and respectful arrangement between the parties.

What is a divorce agreement?

A divorce agreement is a legal document that regulates all the aspects of a separation between spouses:

Child custody and parenting-time arrangements (parenting time)

Support for minors and the wife

Resource balancing and property division: the apartment, savings, pension rights

Parental responsibility and joint decisions

The agreement requires the approval of the family court or of the rabbinical court in order to have the force of a judgment. Drafting that is unprofessional or too general may lead to disputes in the future, and even to the cancellation of parts of it.

What is a reconciliation (shalom bayit) agreement?

A reconciliation, or alternatively divorce, agreement is an agreement between spouses who are in a crisis, which seeks to regulate married life during a trial period of reconciliation, alongside setting terms in advance in case they choose to divorce. The agreement is considered an important legal instrument:

It allows a sincere attempt at rehabilitation

It prevents future disputes

It sets support and property arrangements in advance if the attempt fails

Why choose a lawyer who specializes in family law?

Sensitive and professional support during difficult times

In-depth legal advice based on rich experience

Prevention of mistakes that could be costly in the future

The drafting of a clear, lawful and effective agreement, suited to your family

Frequently asked questions: the divorce agreement and the reconciliation (shalom bayit) agreement

What is the difference between a divorce agreement and a reconciliation (shalom bayit) agreement?

A divorce agreement is intended to regulate the separation itself; a reconciliation agreement is intended for couples going through a crisis who wish to try to repair the relationship while setting mechanisms for the event of a separation.

Is the court obliged to approve every divorce agreement?

No. The court examines that the agreement was made of free will, and that the rights of the minors are preserved. Agreements that are unreasonable may be rejected or amended by the court.

How long does it take to approve a divorce agreement?

In ordinary cases, within a few weeks of the date of filing. At times an early hearing date can be set, particularly when there is full agreement between the parties.

Can a divorce agreement be changed after it has been approved?

Yes, but only with the consent of both parties and the approval of the court. In exceptional cases a change may also be petitioned for unilaterally, if material circumstances have arisen (for example a dramatic change in income, or a change of residence by the custodial parent).

Is it mandatory to turn to a lawyer?

It is not mandatory, but it is highly advisable. Unprofessional drafting may lead to future legal problems, uncertainty and non-enforcement of the agreement.