When my husband and I were in marital difficulties we made a property relations agreement in which we agreed to divide the family business equally between us, amongst other things. We never divorced but the division of our marital property was completed according to the agreement which we authorised in court. We stayed together and I continued to helped him with the business during which time it grew considerably. Our relationship is rocky once again. Am I entitled to a share of the business in this growth period ?By: דיאנה שאלתיאל•Published on: 28 June, 2022
Much depends on the particular wording of the property relations agreement between the couple. There may have been some reference to the sides possible future claims against one another. In particular there may be reference to the possibility of the wife’s future relations with the company and rights or claims against it which would be relevant. Failing that there may be reference to some general principles in the Property Relations Act of 1973 which are applicable. No clear answer can be given without all the circumstances being known. It could be argued conversely – that the agreement was executed and a totally new situation exists whereby the wife is free to claim she has rights in the business growth since the execution of the agreement.