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Agreements
Below are readers' questions about 'Agreements', which we have chosen to answer. For further and more detailed information on 'Agreements', see our main website, Family Law in Israel , at these pages :
- If the amount of child maintenance I agreed with my 'ex' in my divorce agreement is now longer enough am I just "stuck" with it
- Can my ex-husband and I change an agreement we made before we divorced about child custody and visitation ?
- Can an arrangement for visitation in a divorce agreement be enforced against the child's will?
- Can I take action against my ex-husband, because he does not fulfil his undertaking in our divorce agreement to help our daught
- Would a family life agreement made between a 16 year old and her boyfriend, signed before a lawyer, be legal?
- Can I make a property relations agreement even though I have already got married?
- My husband undertook to deposit 10,000 Shekels in my bank account every month as part of a property relations agreement we made,
- I have a family life agreement with the guy I have been cohabiting, which covers property and maintenance if we separate. Now we
- I have a family life agreement with the guy I have been cohabiting,which covers property and maintenance if we separate. Now we plan to marry in a civil ceremony in Cyprus. Do we need to make a new agreement?
- Can I change my mind and cancel a divorce agreement with my husband if I realise he has manipulated me into a trap, but have already signed it?
- What subjects should a divorce agreement deal with where there are children involved?
- Is it possible to make a separation agreement that includes the possibility of both marital reconciliation, or breakdown?
- If I hesitate about trying to cancel my divorce agreement, could this work against me if I eventually decide to act ?
- What can my son do to protect his hard-earned savings if his fiancee refuses to sign a pre-marital agreement and yet he goes ahead and marries her ?
Not necessarily! The Supreme Court has held that agreements made by parents about their child maintenance are not binding on them. Where there has been a substantial change of circumstances agreements on child maintenance can be opened up,even if the parent with custody undertook not to file for an increase. Children have rights of their own,independent of deals made by their parents about them,and these cannot be compromised. They can act,via the parental parent,as their natural guardian, and file for an increase in child maintenance from the non-custodial parent.
Yes , but it must be authorised by court to have binding legal value.
No! Under Israel will, a child cannot be forced to see the non-custodial parent against his/her will, by the use of enforcement agencies such as the police or the Bailiff's. Sometimes, however, the court can be involved in giving instructions regarding the involvement of professionals to report on the relationship between a minor and the non-custodial parent, and make recommendations, with the view to improving the situation.
While you cannot enforce your ex-husband's obligation to help your daughter prepare homework and revise for exams, at the Bailiff's, you can enforce such an obligation by applying for an increase in child maintenance, due to his omission to help her, and the ensuing increase in educational costs ,relating to private lessons, paid coaching/extra lessons via school etc. However, it is that the cost of bringing such legal action may not be justified.
No! It would be void and have no legal value,because the girlfriend is a minor, and therefore lacks legal capacity to enter into such an agreement. The fact that a lawyer witnessed the signatures would not give it legal value that it lacks.
Yes, property relations agreements can be made before marriage, when they are called 'pre-marital' or 'pre-nuptial agreements', or during the course of the marriage. If you make one when you are already married you must get it authorised in court, for it to have full legal force.
You can either apply to cancel the agreement due to a fundamental breach of its terms, or you can apply to enforce it, at the Bailiff's Office.
This depends on the wording of the agreement you made, and whether, for example, it relates to the possibility of marriage. If it does, then, on the face of it, there would be no need to make an additional, property relations agreement. If your original agreement is silent on the subject, then it is preferable to make another agreement, to clarify the situation, especially if your wish anything other than the normal 50:50 principle, that applies to married couples under Israeli law, to apply.
This depends on the wording of the agreement you made, and whether, for example, it relates to the possibility of marriage. If it does,then ,on the face of it, there would be no need to make an additional , property relations agreement. If your original agreement is silent on the subject, then it is preferable to make another agreement, to clarify the situation, especially if your wish anything other than the normal 50:50 principle , that applies to married couples under Israeli law, to apply.
No! Until a divorce agreement has been authorised by court it has no full, binding legal value. You can inform him in writing that you are cancelling it and refrain from getting court authorisation.
Consent to end the marriage, custody,visitation rights and child maintenance, division of property, including the marital home, pension and other work related benefits, life insurance etc
Definitely - an agreement can be professionally drafted that allows the parties to maneouvre in either direction, towards marital reconciliation or divorce. It can also deal with the terms and mechanisms for either.
Firstly, under Israeli law property acquired by one party before the marriage is not generally regarded as joint property, that can be balanced out between spouses. This principle is so, even if a pre-marital agreement which would make this even clearer, and erase any doubt, is not signed. Secondly, your son would be advised to keep this money separate, in a bank account in his name only, and not put it in a joint account.

