Why is it so difficult to cancel a property relations agreement which has been authorized by court ?By: דיאנה שאלתיאל•Published on: 10 May, 2022
It is extremely difficult to cancel a property relations agreement that has been authorized by court for judicial policy reasons. If it were easy to cancel agreements authorized in court then the authorization requirement in the Spouses’ Property Relations’ Act of 1973 would lose its value, and be meaningless. Couples need to rely on the declaration made by them that they signed the agreement having read it, and with a full understanding of its contents, its meaning and consequences. These points were made clear in the Koch leave of appeal case in the eighties where it was said that it was doubtful that a property relations agreement between a couple that had been authorized in court could be challenged, unless an appeal was being made about a fault in the authorisation process.