Can one cancel a “bad” divorce agreement which has already been authorized by court on the grounds that one was mistaken or misled as to one’s legal rights ?By: דיאנה שאלתיאל•Published on: 10 May, 2022
In theory, yes, but in practice this is extremely hard to do. As well as proving the difficult grounds of cancellation relating to mistake and misrepresentation under the Contract Law (General Part) of 1973 , one must meet the even higher standard required to cancel a court-authorised divorce agreement. Divorce agreements have a special nature and status. Before a court will authorize one and pass judgment, it must ask both sides , in accordance with the 1973 Spouses’ Property Relations Act, if they fully understood the contents of the agreement and its consequences and signed it of their own free will, not through fear or threat.