Does a Waiver Clause in a Divorce Agreement Protect Against All Future Legal Claims?
When a divorce agreement is approved by a court or rabbinical court, it receives the status of a judgment, and its contents cannot be challenged after the appeal period expires. The provisions of the agreement become final and binding, and in most cases, any legal action initiated afterward will face significant legal hurdles. This also applies when one party wishes to challenge a waiver clause often included in divorce agreements, which states: “Subject to the obligations of the husband/wife under this agreement and subject to its approval, the husband/wife hereby waives any claim...
Read MoreYes, It Is Possible to Enforce Parenting Time Without Going to Court!
A couple decides to divorce. After this sad and painful process, a judgment is issued or a divorce agreement is drafted and granted the status of a court ruling, defining the parenting time each parent has with their children. In both cases, the parents are obligated to respect the custody and visitation arrangements exactly as written. Unfortunately, not every parent respects the visitation schedule set out in the judgment or agreement. There are cases in which one of the parents—usually the custodial parent—refuses to transfer the child to the other parent, justifying it by claiming that...
Read MoreRecognition of a French Judgment in Israel: Exequatur Procedure and Steps
When a judgment is rendered in France and the debtor resides abroad, it is necessary to have the judgment recognized before the competent courts to consider its future application. Therefore, if you wish to execute a French decision in Israel, you will need to initiate an “exequatur” procedure with the Israeli courts, which will give the French judgment enforceable power in Israeli territory. In this regard, it is strongly recommended to be assisted by a specialized law firm. Principle of Exequatur in Israel Exequatur is the procedure by which Israeli judicial authorities...
Read More(Français) Régimes matrimoniaux France-Israël : Mariage séparatiste et divorce
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Read MoreGetting Married in France with a Separation of Property Agreement and Divorcing in Israel – Legal Update
Getting married in France with a separation of property contract and Divorcing in Israel – The legal point As part of the Firm’s areas of expertise, we would like to present below an update on international family law and more specifically on the legal issues related to spouses married in France and signing a financial agreement in France establishing a regime of separation of property in accordance with the provisions of French law so that each spouse retains the ownership, management and free use of the property that belongs to him or her at the time of the signing of the...
Read MoreGetting married in France, Getting divorced in Israel
Getting married in France, Getting divorced in Israel Dr Debborah ABITBOL, lawyer Me Jonathan KANIR, lawyer Over the past two decades, a new legal world has been established so that Jewish couples who immigrated from France to Israel can establish a home in Israel. However, a lack of clear knowledge and understanding of the applicable law to these couples is noticeable… In this article, we will try to highlight, from our point of view, and strong of our professional experience, the application of family law in the case of a couple who came from France in order to benefit from some...
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