Friday, 16 November 2018

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The Divorce Agreement - The Law in Israel

By Adv. Boaz Gork

 

The nature of the divorce agreement is that it regulates the separation of a couple in a legal way.

Is this similar to a monetary agreement?

No, while the purpose of a monetary agreement is to regulate monetary issues between a couple while they are living together, a divorce agreement regulates the legal relationship of a couple at the time of separation.


 

What should be included in a divorce agreement?

  1. A basic agreement to divorce and to live separately.
  2. The matter of custody of the children, namely, which of the parents will serve as custodian at the time of separation.
  3. The matter of maintenance for the children, namely the monetary amount that the parent who is not custodian will pay the custodian parent for the maintenance of the children.
  4. Visitation arrangements and the connection with the parent who is not custodian with the children.
  5. The matter of property, namely, the way in which the property which the couple accumulated in the course of their married life will be divided. (The apartment, social benefits accumulated by one of the spouses, the savings, vehicles, etc.) Also how the debts which the couple accumulated will be divided.
    • At the same time it must be emphasized that contrary to the matter of custody and property, the visitations and moentary arrangements (items 2 - 5) on which there is agreement is binding on both spouses.
    • The matter of the Jewish divorce contract (known as the 'get'), in component 1, is according to the sole authority of the Rabbinical Court and isn't enforced by the regular court, despite the fact that it is mentione din the agreement.
  6. The matter of maintenance for the woman and her 'Ketubah' (religious marriage contract) after the divorce: Generally the couple agrees that the woman will forego her "Ketuba" and the maintenance specified in it.

What are the factors of litigation most often at issue in the regular court & the Rabbinical Court?

The disputes and the need for legal decision arise out of the difference of opinion between the couple on one or more components of the separation, for example: the amount of maintenance that will be paid for the children, the way the property is divided, the parent suitable to be custodian etc.

In these cases, when the couple and/or their legal representatives don't reach agreement, the court will make the decision on the disputed issues.

Is a signature on the agreement enought for it to have the force of law?

No, the divorce agreement (and/or any monetary agreement does not take force until it is ratified by a judge of the family court or by a Rabbinical Judge of the religious court in the presence of the couple, without the presence of the representatives.

In Israel, can a couple compile a divorce agreement by themselves?

Yes, one can compile an agreement by oneself, but in the absence of wise and correct legal advice and without knowing the rights and the correct legal method to assure them in the agreement, the couple might compile a "disastrous" agreement for one of the spouses or for both of them, so it's always advisable to be represented, especially in everything relating to the separation and to the divorce which is an extremely complex and sensitive matter.


 Extra Reading & Family Law Resources

 

All comments and questions addressed to Adv. Gork can be found in our article entitled 'Divorce in Israel'.  Please click here to comment.