As a rule the answer is no as courts authorizing such agreements have always demanded the presence of both parties , based on the requirement in the 1973 Spouses’ Property Relations Act for the court to be convinced that the parties signed the agreement of their own free will, with an understanding of its contents and implications. However, in March 2004 Kfar Saba Family Court gave a flexible interpretation to this requirement and said that the telephone could be used to verify that the conditions had been met. It said that the trend was for the family court to encourage couples to end disputes by agreement.

It passed judgment authorizing an agreement dealing with property, as well as child custody, visitation and maintenance , while both the husband and wife were overseas. It did so after the judge verified over the phone with an official at an Israeli Consulate in Boston, U. S. , with whom they sat, that they understood its terms and implications, and had signed it of their own free will. This ‘breakthrough’ step is not binding as a precedent but does act as a guide to other family courts and may help to pave the way for a more flexible approach towards authorizing agreements where one or both parties are abroad.