Divorce and Agreements

Divorce agreement: arranging the separation, parental responsibility, support, property and timelines clearly and by 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 property division: 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 (shalom bayit) or alternatively divorce agreement is an agreement between spouses in crisis, which seeks to arrange 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 suited to your family

Cancellation of an agreement: a careful review of the circumstances of the agreement, the way it was signed and the questions that justify a 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 consequences or without independent legal advice
• An extreme and unforeseen change of circumstances (such as serious illness, bankruptcy, a drastic change in income)

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

According to the approach of the courts in Israel, agreements duly approved by a judgment enjoy a kind of "immunity", and so cancelling them is not a matter of course and is not a small thing. At the same time, a person who wishes to cancel an agreement that was given the force of a judgment must prove:

• A material defect in the process of making the agreement
• Difficult circumstances that justify the intervention
• A causal link between the defect and the outcome reached in the agreement

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

Property relations agreement: forming a written understanding about property, obligations and financial expectations before or during a relationship.

What is a financial agreement?

A financial agreement is a legal contract between spouses that arranges how the assets and the debts will be divided between them in the event of separation, divorce or death. This agreement overrides the presumption of joint ownership and the default rule of the Spouses (Property Relations) Law, 5733-1973, so it is essential to draft it carefully.

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

Dissolution of marriage: clarifying personal status and the appropriate proceeding when a legal solution is needed to end a complex marriage.

What is the marriage-dissolution proceeding?

Dissolution of marriage is a civil judicial proceeding intended for cases where a divorce cannot be carried out under religious law, for reasons of personal status, civil marriage, a different religion, or no 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 related 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 proceeding helps to prevent complications and to protect the rights of all the parties, and especially the welfare of the minors.

Civil marriage: understanding the legal implications of a union formed outside the framework of 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: partnership and the Population Registry

After a civil marriage, or after living together as common-law partners, a change of personal status must be carried out with the Ministry of the Interior. At times, an application to the Family Court is needed for recognition of the partnership 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 spouse
• Issuing a new appendix to the identity card
• Handling inheritance proceedings, pension insurance and property division
• Marriage of people with no religion or of mamzerim (who cannot marry in Israel through the Rabbinate)