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What issues should a divorce agreement cover ? How do I make it binding ?

By: דיאנה שאלתיאלPublished on: 02 May, 2022

A divorce agreement should cover these issues (where applicable):

  1. The divorce itself – undertaking of consent and co-operation with the process.
  2. Property – declaration of property owned and agreement on how to divide it (including family home and other real estate, bank accounts, savings, other income, businesses, work/social and other rights)
  3. Child Custody & Visitation Rights – who will have custody over the children and arrangements for the non-custodial parent to see the children.
  4. Maintenance – for the children and, only very exceptionally, the wife .

The agreement must be in writing and be authorized by the appropriate court having jurisdiction over the particular issue, according to the relevant laws. The agreement is then incorporated into a judgment which gives it binding legal force . This is advantageous as it means it can be enforced. For example, if the mother has custody of the children and the father does not pay child maintenance as agreed she can take the judgment to the Bailiff’s Court and ask for legal steps to be taken to ensure payment without starting a separate legal action.

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