When is it recommended to draw up a divorce agreement?
The divorce process for Jewish couples in the State of Israel, with regard to the granting of a divorce, is under the exclusive jurisdiction of the Rabbinical Court. After the divorce case has been opened and the first hearing has been held, the Court may offer the couple seeking to end their relationship a Shalom Beit arrangement.
The rejection or failure of the arrangement will lead to the final hearing, in which the wife will be given a divorce decree, a reference will be given from the court, and the marriage will be dissolved.
Ostensibly, this is a simple procedure whose sole purpose is to end a failed relationship. However, it is well known that the issue is much more complex and complicated and is usually used to “settle scores” between the spouses. In practice, the divorce process becomes a battleground over various issues involved, lasts for many months, and takes a significant financial and emotional toll on the parties involved..
For example, the parties tend to complicate and split the proceedings in all matters related to divorce – Arrangements Witness (Custody), Alimony Wife and Child Support, division of property and more.
The couple is exploiting the parallel authority of the Rabbinical Court and the Family Court on these issues and is starting a “power race” between the two.
The sad result is legal proceedings that extend over many months, deepening disputes influenced by anger and resentment, and many expenses for legal representation.
At the same time, throughout the entire process, the parties are prevented from moving forward and making progress, all of them trapped in the divorce struggle and driven by negative emotions that affect their personal and professional lives. Additionally, in most cases, the couple’s children are thrown into the divorce cauldron and suffer from it as well.
In order to avoid such conduct and in accordance with the prevailing trend in the legal system today, whereby, to the extent possible, disputing parties are referred to mediation and arbitration, there is also a preferred alternative in the matter of divorce: Divorce agreement. Fast – convenient – and prevents unnecessary delay.
The legality of a divorce agreement
Legally, a divorce agreement is a contract between the parties. Like any contract, it is subject to the laws of the State of Israel and may not condition the legal rights of the spouses.
When the Family Court or Rabbinical Court approves the agreement and gives it the force of a judgment, its content will be examined in accordance with the principles of contract law.
Accordingly, a divorce agreement that restricts the rights of one of the parties, establishes an illegal condition, forces or oppresses one of the spouses, etc., will not be approved by the judicial court. Hence, the drafting of the divorce agreement is best if it is carried out by an independent party who has no interest or vested interest in the content of the contract itself.
It should be emphasized that in the event that the judicial body determines that the agreement contains one or another defect, it may cancel it completely. Hence the importance of drafting and determining the content by a professional in order to prevent wasting valuable time and financial resources.
The content of divorce agreements
In general terms, the divorce agreement refers to the period before the divorce is granted and the period after. Regarding the first period, the agreement must determine, among other things, how the couple’s property will be divided, what percentage of spousal and child support will be paid, and what the temporary visitation arrangements are.
Regarding the period after the divorce, the agreement will specify – what is the amount of child support, participation in various expenses, the issue of the children’s education, permanent visitation arrangements, the division of income from income-producing properties, and more..
In addition to the main issues mentioned above, it is advisable to include in the agreement: Divorce Any issue that may serve as a future bone of contention. What was envisioned as clear and understandable at the time of signing the agreement, can spark rivalry between the couple, after the divorce is granted and with a change in circumstances.
Therefore, it is recommended to entrust the drafting of the agreement to a professional legal entity, who will ensure its legality and include most of the issues necessary for the termination of the marriage. This way, the marital system can be effectively ended without getting caught up in legal battles and unnecessary expenses.
Is your spouse not meeting the terms of the divorce agreement you signed? Read about ways to deal with this in the article about Enforcement of a Divorce Agreement
Interested in ending your marriage in a dignified manner? – Read about GeeTaurus in divorce proceedings
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Divorce Agreement Guide – How to Make an Effective Agreement
In light of the high divorce rate in the State of Israel, many couples, even before getting married, make sure to regulate their financial relationships through a financial agreement.
Such an agreement may make the divorce process easier for the couple and prevent disputes over issues that were agreed upon in advance. However, as the couple reaches the end of their life together, reservations arise and are revealed regarding matters that were included in the financial agreement or new and additional matters that emerged during the marriage.
Thus, the intention to prevent a long and problematic divorce battle is not realized and the couple finds themselves fighting in the rabbinical court or family court. In a large number of cases, the separation becomes an arena of struggle and blackmail, robbing both of them of their mental strength and financial resources.
In order to prevent the above and in accordance with the current trend whereby litigants resort to mediation or arbitration, the number of couples ending their relationships through mediation has increased. Divorce agreement, which shortens procedures and significantly reduces the costs involved.
What is a divorce agreement?
A divorce agreement signed by the couple and approved by the Rabbinical Court or the Family Court is a contract for all matters and purposes. The agreement will enter into force and be implemented after the ceremony of granting the divorce in the framework of the Rabbinical Court. However, in exceptional cases, the Court/Family Court may order the implementation of the agreement even before the divorce is granted.
What does a divorce agreement include?
The text of the agreement
The agreement must be written in clear language that leaves no room for interpretation by the parties. All agreements listed in the agreement will be formulated in an unambiguous and purposeful manner in order to prevent future disputes.
The agreement cannot determine matters that are not legal or condition the legal rights of the spouses. The same applies to the matter of the agreement being fair, one that does not deprive, oppress, or exploit the plight of either of them. An agreement that is drafted contrary to the principles of contract law will not be approved by the court or the family court, hence the need for the assistance of a professional.
Content of the agreement
It is doubtful whether the separation situation allows the couple to see the whole picture. The content of a proper divorce agreement will include all existing and future issues that may create disputes and rivalries between the couple.
Only an outside perspective from someone who is not involved in the conflict itself will allow for the gathering and summarization of all the matters that need to be decided. Even in relatively minor divorces, where there are no descendants or many assets involved, the lack of professional advice may lead to future conflicts.
What is seen as simple and easy in the present may later turn out to be complicated and problematic. Furthermore, the complexity of the matter is added by the fact that the content of the agreement and its wording are influenced by the personal circumstances of each couple. These circumstances raise many questions to which the answers are not unambiguous.
For example, the division of property between the parties with regard to assets acquired before and during the marriage. In this matter, it should be noted that the contribution of each spouse to the accumulation of assets does not necessarily reflect his share.
Attention should be paid to questions such as:: Will assets given to one spouse by inheritance or as a gift be divided equally between them? How will property be divided when one spouse has invested all of his or her time and energy in establishing the family business while the other has taken care of the household and raising the children? How will assets be divided for the purchase of which external assistance was received from family members? And more.
Of course, the division of property is not the only problematic issue. A divorce agreement includes, among other things, significant reference to the issue of temporary custody of the children and visitation arrangements. The agreement must address in detail and extensively all the conditions relevant to this matter, without omitting anything. It is worthwhile and desirable to emphasize the issue of children, which has accompanied us for many years, and therefore it is important to include full text in divorce agreements in order to prevent mistakes in the future.
The existence of joint offspring does not allow for the final separation of the spouses from each other after the marriage has ended – raising and educating the children, caring for their mental and financial well-being, remain common issues between the parents, and therefore, the agreement must establish conditions for a long-term relationship.
It can be said, then, that alongside the many advantages of a divorce agreement, there is a real need to formulate a legal and professional agreement. Therefore, one should contact an attorney specializing in family and divorce law to ensure a proper and purposeful agreement.
Have you decided to give marriage a second chance? Read about Agreement Peaceful Home is Integrated into a Divorce Agreement.
Divorce Agreement Lawyer Sharon Segal
A divorce agreement is a document of great importance. The reason for this is simple: it affects every day after the separation, for a very long time. Division of property, child support and/or spousal support, and residence times accordingly. It is recommended that you pay full attention to it, and despite the understandable desire to sign the current chapter and move on to the next chapter, make sure that every sentence in it serves you in the best possible way. At the Sharon Segal Law Firm, we are responsible for drafting marriage agreements in full accordance with the specific spouses, and with careful and precise wording.
What is important to know about a divorce agreement?
- Getting help – In principle, couples who have decided to divorce can draw up an agreement on their own that enshrines in writing the manner of dividing property, temporary arrangements for the children’s stay, child support, etc. However, it is strongly recommended to use a lawyer, and perhaps even a lawyer who is also a mediator, so that the agreement encompasses all possible scenarios and ensures optimal conduct even if time differences arise in the future.
- validity – A divorce agreement becomes valid only after it has received the approval of a family court or a religious court.
- Divorce settlement – Divorce agreements must also include a reference to the issue of arranging a divorce. In this context, it is worth knowing that rabbinical courts do not arrange a divorce if the couple lives together under the same roof.
- Changes – It is possible to change the terms of a divorce agreement after it has been signed, but only under special circumstances that justify it. Accordingly, it is very important to ensure that all clauses of the agreement – division of property, residence times, alimony, decision-making mechanisms regarding the children (education, medical treatment, etc.) – accurately reflect your interests.
A precise agreement that is fully tailored to you
At Sharon Segal Law Firm, we are committed to providing a very attentive, and therefore very helpful, service. Another emphasis is on great efficiency, so that unnecessary delays in the process are not caused. The most important key is a divorce agreement that is fully tailored to you and the specific circumstances of the marriage and divorce – so that life after the agreement is completed and becomes valid will be comfortable and beneficial for you. The service is based on many years of experience, as well as a proven ability to find creative solutions even to complex conflicts.
Attorney Tzlil Weinstein is an expert in agreements.
Mobile 077-997-4020
