have a reconciliation agreement with a divorce option which was authorized at the family court. I am furious with my husband for not keeping to the terms. He was very verbally abusive and didn’t bring home the money he said he would according to the agreement. I followed the procedure in our agreement for notifying that the reconciliation option was no longer relevant , and that I would be putting the divorce option into effect . I now have a date for the divorce at the rabbinate. However, I am wondering whether to “go all out to get him” and file for cancellation of the agreement. I asked the lawyer who has been representing me and he said just go ahead with the divorce, but I am wondering whether I should not let my husband get away with such behaviour, and take the legal initiative and punish him. Is that advisable ?
By: דיאנה שאלתיאל•Published on: 02 May, 2022
If a wife in this position has a date set for a divorce at the rabbinate, then basically the situation whereby he behaves negatively during their trial reconciliation period i.e. breaches his financial commitment, is catered for in the agreement ; she has the option for divorce, and even a date at the rabbinate. Thus there is no need to consider cancellation of the agreement. Pleas of this nature rarely succeed, even when they are legally relevant. Negative behaviour like verbal abuse is not grounds for cancellation of the reconciliation/divorce agreement . Only legal behaviour that falls into the strict category of grounds for cancellation of agreements under contract law will qualify. Negative behaviour such as failure to keep to the terms of the agreement is covered by clause/s dealing with this – i.e. the mechanism for notifying the other party about the ending of the reconciliation period, and the activation of the divorce option.