Divorce agreement procedure
Getting divorced is never easy, no matter the circumstances of the separation. However, conducting a legal battle in the courts will make what is not easy for the couple even more difficult.
Therefore, if you have decided that divorce is the right step for you, choose the path of peace and negotiation and make every effort to sign a divorce agreement.
Through it you will settle all the legal issues relevant to you, you can save valuable time and significantly reduce the expenses of the divorce.
What is a divorce agreement?
This is a legal contract made between spouses who are in divorce proceedings. Its purpose is to settle by agreement the issues at hand and save the parties the need for long, expensive and exhausting litigation. What used to be exceptional has become the norm in recent years and many couples who have decided to separate choose the compromise path.
This means that the parties reconcile the differences on the various issues, reach an even ground and sign a divorce agreement.
The agreement is submitted for the approval of a legal court and receives the validity of a judgment. On the face of it, this can appear to be an impossible task: how will spouses whose relationship has reached a dead end manage to formulate fair agreements. Well, reality shows that with a sincere desire and willingness to negotiate and compromise, it is possible to do this and successfully.
In this regard, we note that following the Law on the Settlement of Litigation in Family Disputes (Temporary Order), 2014, which comes into effect in 2016, the spouses are required to mediate, before they are allowed to go to the courts. Therefore, it is worthwhile to take advantage of this opportunity and carefully examine whether it is possible to draw up a divorce agreement and avoid conducting the procedure in court.
The legal issues in the agreement
A divorce agreement usually includes four legal issues and these are: settlement of the divorce, division of property, custody of the children and alimony.
As we know, granting a divorce is a matter under the exclusive jurisdiction of the Rabbinical Court and therefore it must be addressed to it for the dissolution of the marriage.
As for the division of property, all joint property must be divided equally between the spouses, unless they have signed a financial agreement that states otherwise. The division includes all the assets of the spouses as well as the debts if any (unless they are personal and non-joint debts).
Regarding the custody of the children, the length of stay must be decided, when children up to the age of 6 will be in full custody of the mother, unless the couple has made a different decision that serves the best interests of the child.
Regarding the alimony fees, it should be emphasized that since 2017, following the Law 919/15, from the age of 6 onwards, the parents share the obligation to pay, according to the length of stay of each with the children and according to the ratio of their incomes.
The importance of the lawyer
The purpose of a divorce agreement is first and foremost to prevent a legal battle between the parties and to end the divorce process as quickly and honorably as possible.
However, this does not mean that it should be done hastily. The issues the agreement deals with, as we detailed above, have far-reaching consequences for the couple.
Therefore, we need both professional legal representation of a family law attorney, who on the one hand will conduct fair negotiations and promote a compromise and on the other hand, will faithfully protect the interests and rights of the client.
The lawyer will draft the divorce agreement strictly, in order to reduce to a minimum the chance of interpretive disagreements between the parties in the future.
Yes, the lawyer will ensure that the agreement addresses all the relevant issues in great detail, while providing answers to a variety of scenarios, and will also include within the divorce agreement sanctions for breach of contract in order to encourage the parties to uphold the contract as it is worded and not infringe on the rights of the other party.
