Agreements
Cancelling Agreements
Why is it so difficult to cancel a property relations agreement which has been authorized by court ?
Agreements •Cancelling AgreementsIt is extremely difficult to cancel a property relations agreement that has been authorized by court for judicial policy reasons. If it were easy to cancel agreements authorized in court then the authorization requirement in the Spouses’ Property Relations’ Act of 1973 would lose its value, and be meaningless. Couples need to rely on the declaration made by them that they signed the agreement having read it, and with a full understanding of its contents, its meaning and consequences. These points were made clear in the Koch leave of appeal case in the eighties where it was said that it was doubtful that a property relations agreement between a couple that had been authorized in court could be challenged, unless an appeal was being made about a fault in the authorisation process.
I was bullied and pressurized into signing a very one-sided divorce agreement which my husband’s lawyer drew up. I married ten years ago. My husband is emotionally abusive and I am desperate to end the marriage. A date has been set for the agreement to be authorized at the rabbinical court . My husband said they can okay everything and the divorce will come through quickly. A friend of mine looked at it and said I should never have signed. He gets our luxury home (which is registered in our joint names ) and all our savings . I get custody of our children , low child maintenance and a small lump sum. Is it too late to go back on the agreement if I am desperate to divorce ?
Agreements •Cancelling AgreementsNo, it is not too late. An agreement between married couples must be authorized by court to have validity according to the Spouses’ Property Relations Act of 1973. As the agreement you signed has not been authorized by the rabbinical court or the family court it has no legal validity and you are not bound by its terms relating to your property rights .You can inform your husband that you do not consent to it , are cancelling it and will not co-operate in getting it passed. However, you should act to protect your property rights and file for a division of the family home. Regarding divorce, abuse, if proved, is grounds for divorce under Jewish law.
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