Divorce and Agreements

Divorce agreement - Arranging separation, parental responsibility, support, property and timelines in a clear agreement.

What is a divorce agreement?

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

• Child custody and parenting-time arrangements (parenting times)
• Support for minors and the wife
• Resource balancing and division of property – apartment, savings, pension rights
• Parental responsibility and joint decisions

The agreement requires approval by the Family Court or the Rabbinical Court in order to have the force of a judgment. Unprofessional or overly general drafting may lead to future disputes and even to the annulment of parts of it.

What is a reconciliation (shalom bayit) agreement?

A reconciliation and, alternatively, divorce agreement is an agreement between spouses in 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 tool:

• 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
• Drafting a clear, lawful, and effective agreement – personally tailored to your family

Cancellation of an agreement - Reviewing the circumstances, signing process and issues that justify legal examination.

When can a divorce agreement or financial agreement be canceled?

Israeli case law recognizes an exceptional and out-of-the-ordinary possibility of canceling a divorce agreement or a financial agreement that have been 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
• Unfair influence – pressure, coercion, dependence, or exploitation of weakness
• Signing without understanding the implications or without independent legal advice

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

What is the courts' approach to canceling an agreement?

According to the approach of the courts in Israel, agreements that were duly approved by means of a judgment enjoy a kind of "immunity" – and therefore their cancellation is not self-evident and is not a trivial matter. At the same time, whoever wishes to cancel an agreement that has been given the force of a judgment must prove:

• A material defect in the process of concluding 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 has been held that a husband's failure to disclose significant assets justifies canceling part of the divorce agreement, even though it had already been approved by a judgment.

Property relations agreement - Creating written clarity about property, obligations and financial expectations.

What is a financial agreement?

A financial agreement is a legal contract between partners, regulating how the assets and debts between them will be divided – in the event of separation, divorce, or death. This agreement overrides the presumption of joint ownership and the default of the Spouses (Property Relations) Law, 5733–1973, and therefore it is essential to draft it meticulously.

In which cases is it advisable to make a financial agreement?

• Before marriage (including second marriages)
• Common-law couples
• When there is an economic gap between the parties
• Partners who manage businesses, assets, or personal inheritances
• When one of the parties enters the marriage with significant assets or debts

A financial agreement – not only before the wedding

Many believe that a financial agreement is signed only before marriage. In practice, an agreement can also be made after the wedding or during it – subject to the approval of the Family Court or the Rabbinical Court (Section 2 of the Property Relations Law).

Dissolution of marriage - Clarifying personal status and the suitable legal path for a complex marital ending.

What is the marriage-dissolution proceeding?

Dissolution of marriage is a civil-judicial proceeding intended for cases in which a divorce cannot be carried out under religious law – for reasons of personal status, civil marriage, a different religion, or a lack of religious affiliation.

The Family Court is authorized to hear the application and to issue a marriage-dissolution order, which is the equivalent of a divorce judgment, and at times the proceeding includes an opinion of the Attorney General, and sometimes also of the Rabbinical Courts when one party is Jewish.

When is a marriage-dissolution proceeding required?

• Couples of different religious statuses (for example, a Jewish man and a Christian woman)
• Couples who are not recognized as belonging to any religion
• Same-sex couples who married abroad
• Couples who married in a civil marriage in a foreign country
• Couples with no religion / religions not recognized in Israel

Arranging accompanying matters – property, children, and support

As in any separation, in a marriage dissolution too the following must be arranged:

• Division of property according to the balancing principles
• Child custody and parenting-time arrangements
• Support for minors or support between the spouses
• Updating the status registration at the Ministry of the Interior

A professional and precise process prevents complications and ensures the protection of all parties' rights, and especially the best interest of the minors.

Civil marriage - Understanding the legal implications of a relationship formed outside religious marriage in Israel.

Civil Marriage – Legal Recognition in Israel

A civil marriage conducted outside of Israel (for example in Cyprus, Prague, or the USA) is recognized in Israel for the purpose of registration in the Population Registry, subject to presenting official and original documents.

Such registration does not constitute religious recognition – but it grants many rights:

• Recognition as a married couple for the purpose of social rights
• The status of a married couple in divorce/separation proceedings
• Rights of inheritance, support, and family-member status for National Insurance purposes

Change of Personal Status – The Relationship and the Population Registry

After a civil marriage – or after living together as common-law partners – a procedure to change one's personal status must be carried out with the Ministry of the Interior. Sometimes, one must apply to the Family Court to obtain recognition of the relationship or of parenthood, or to request a declaratory order.

Arranging one's personal status is important for the following purposes:

• Obtaining citizenship or residency for a foreign partner
• Issuing a new appendix to the identity card
• Handling inheritance proceedings, pension insurance, and division of property

Marriage of persons without religion or of mamzerim (who cannot marry in Israel through the Rabbinate)