Can an agreement between a man and a woman who live together in which the ‘weaker’ one agrees to forego any rights as a cohabitee be cancelled because it was too one-sided ?By: דיאנה שאלתיאל•Published on: 10 May, 2022
Yes, although agreements between cohabiting couples are rarely cancelled . For example, The Tel Aviv Family Court did so where it found that a family life agreement was totally one-sided and where evidence showed that the woman , who was dependent on the man, was in a totally inferior position. He was well-established and clued-up. She had ‘ signed away her rights’ after living with him for 12 years before making the agreement, although the document gave the impression that they had just met . Evidence showed that the man ,who lived with the woman for a total of 17 years, had told her that if she did not sign the agreement he would not let her move into the new apartment he had bought and would send her packing with just a $10,000 handshake.
The court cancelled the agreement and gave a declaratory judgment stating that the woman had rights to half of one of his apartments and its contents, purchased during the time they lived together, and was entitled to monthly maintenance to support her after their separation, to be paid monthly over a number of years . The woman, who was in her 70’s at the time the court made its decision, had become mentally ill and was living with one of her daughters