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Can delay in notifying the other side of cancellation of a divorce agreement be, in itself, grounds for failure of an action to cancel it ?

By: דיאנה שאלתיאלPublished on: 10 May, 2022

Yes ! Under the Contracts Act (General Part) 1973 a party wishing to cancel an agreement due to duress must notify the other side within a reasonable time . Even if duress/force was exercised at the time of the signing of the agreement, if the side wishing to cancel it did not notify the other of this within a reasonable time, the action would fail on this ground alone. So ruled Tel Aviv Family Court in a case where around 5 years had elapsed from the time the agreement was signed, and authorised – and the plea for its cancellation had been filed . The court held that comments recorded in the protocols of hearings prior to the authorization of the agreement , where the Plaintiff had said that he was considering making a notice of cancellation, were insufficient. The notification of cancellation had to be clear, though the filing of the plea itself could be regarded as a notification. As no notification of cancellation had been made prior to filing of the plea itself , the plea was rejected because it was made too late.


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