Can an agreement between a couple which provides for the registration of their joint home in their minor children’s names after their divorce, and for child maintenance, be made before a notary, and be fully binding ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022
No ! Firstly, a property relations agreement can be authorized before a notary , instead of a court, before marriage. However, if it is only authorized by a notary , instead of a court, which incorporates it into a judgment, it cannot be enforced . To be enforceable, it has to be authorized by a court, if it has not been before. A property relations agreement between a married but divorcing couple included in a divorce agreement must receive court authorization, and receive the binding value of a judgment. An agreement regarding child maintenance falls within the jurisdiction of a court, and sometimes the transfer of property to minors also requires court approval, as rights and obligations are involved. Accordingly, an agreement of this kind should be submitted to court for approval. This way it will have the binding legal value of a judgment
A pre-nuptial agreement is only legally binding if duly authorized – this can be done before a notary or a marriage registrar, or at the family court or the rabbinical court.