Injunction to prevent the use of a joint account – when can it be requested and what are the consequences?
process thirdYRoshchin Between spouses is often characterized by considerable financial complexity.
Married life entails a variety of economic collaborations between the spouses, and when they wish to separate and go their separate ways, substantial disagreements may arise between them regarding the way in which To divide the property that they accumulated together and separately.
Some couples sign Agreement Finance Before marriage, but some do not sign such an agreement. In such a case, disputes may arise. These disputes will often make the divorce process painful, complicated, and expensive.
Joint bank account in popular financial practices
A joint bank account for spouses is a very popular financial management format in Israel.
Many married couples do not hold separate bank accounts at all, but only accounts in which both parties are authorized signatories.
During marriage, a joint bank account is a convenient and even economical way to manage the couple’s financial affairs, and many couples see it as a symbol of a healthy and harmonious life together.
Other side of the coin
In a divorce proceeding, however, the joint bank account may be used as a weapon of attack by either spouse.
Sometimes, this account is a means by which the parties attempt to Smuggle assets In which both spouses have rights, in order to create an advantageous position for themselves in future litigation and make the other side subject to pressure.
To avoid this situation, the court has the option of using a powerful tool, in the form of an injunction that blocks use of the joint account by one of the parties, at the request of the other party, or conditions the use with various restrictions.
The banks, for their part, are committed to the court’s instructions on the matter and are prepared to act immediately to deal with scenarios such as blocking credit cards, canceling checkbooks, failing to provide information and service, and more.
How to use the restraining order
The courts are required to exercise caution when granting an injunction prohibiting use of the joint account.
Usually, the requesting party will have to convince them that there is a real danger that the opposing party will choose to use the joint account in bad faith and that granting the order is the last resort to prevent this behavior.
Blocking a party from using the couple’s shared financial resources is perceived by the legal system as a drastic measure, and sometimes it may be used at the request of one of the parties against a party to the hearing who is perceived by the legal system as acting in bad faith in the legal process, for example unreasonably delaying it while attempting to bend the requesting party’s hand.
The court must be careful to ensure that the request for an injunction does not constitute a tool of attack by the requesting party, which is intended to obtain an unfair advantage for itself in the litigation between the parties.
When the divorce process itself is separate from the process of dividing economic resources between the parties, so that the former takes place in a rabbinical court while the latter is conducted in the family court, the ability to issue a restraining order is granted to each of the beneficiaries involved in the case.
For example, in a situation where the woman’s divorce petition was heard in a rabbinical court but no binding was performed and property issues are being heard in the family court, the woman may appeal to the rabbinical court, which is subordinate to the To the rabbinate If she fears unilateral actions by the husband in the joint account, the court has the authority to issue an injunction prohibiting use of the account, even though it does not discuss the financial affairs of the couple..
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