AGREEMENTS BETWEEN SPOUSES
The A.I law firm offers professional legal advice and representation in complex legal areas; our company assists its clients at all stages of legal proceedings, as well as before the proceedings. The results of far-reaching negotiations and professional negotiations allow to settle and even to prevent the unnecessary litigation and/or serve as a basis for future litigation. Our company provides all its clients with personal legal assistance by conducting negotiations and taking into account all legal and quasi-legal aspects.
Statistics show that couples who sign and/or regulate their relationship by a prenuptial agreement form a solid and stable family unit for many years to come.
Among the services provided by our company are the drafting of a prenuptial agreement, the preparation of a will, the dissolution of a civil marriage by agreement and without the consent of the parties, as well as other services.
When the couple is confident that the agreement between them will be valid for many years of their married life, it gives them peace of mind in relation to themselves and to their loved ones. This is also relevant in cases of divorce, when the spouses entered into and signed an agreement in writing regarding their obligations to each other. Among the services provided by our company are the drafting of a prenuptial agreement, the preparation of a will, the dissolution of a civil marriage by agreement and without the consent of the parties, as well as other services.
In brief, the services provided by our firm are described as follows:
PRENUPTIAL AGREEMENT
A prenuptial agreement is an agreement for all intents and purposes, it is adjusted for a particular couple and meets all their requirements. The language of the agreement must be clear and unambiguous, “setting out every detail” (Be’Rahel bitkha haqtanah) and including all the points, describing the existing property in detail, as well as the property that will be acquired in the future, paying particular attention to its restitution to the original owner at the time of divorce.
A prenuptial agreement is concluded for the settlement of financial issues between the spouses, as well as for the settlement of other issues related to their life together, such as custody, children education and alimony. The agreement establishes in advance the types of separation of assets in case of divorce and brings legal certainty to the parties.
The purpose of this agreement is to ensure stability and clarity in the relationship, providing the opportunity for the spouses to make a joint and informed decision. The spouses decide in advance how to divide the jointly acquired property or the property that will be acquired during their life together if the marriage is dissolved and falls apart.
During the preparation of an agreement, spouses negotiate and engage in mutual dialogue about the conditions stipulated in the agreement between them; they turn to a lawyer for legal assistance, who explains in detail the meaning of their prenuptial agreement and helps to reach a compromise between them.
Thus, the agreement is legally binding and is deemed to be a decision that must meet two cumulative conditions: the agreement must be in writing and, the second condition, it must be approved by the competent authorities, as described below. Once the agreement is drafted, the next stage is its certification, which is done by notarization or by a Family Court or a Rabbinical Court. When it comes to a prenuptial agreement of spouses who are already married, its certification is done only in a Family Court or in a Rabbinical Court. After the prenuptial agreement is certified by the authorized bodies, as indicated above, it is deemed to be legally binding and enforceable.
There are three types of prenuptial agreements: a prenuptial agreement entered into before marriage, a prenuptial agreement concluded after marriage and a divorce agreement. The law of Israel states that, during divorce proceedings, the property acquired during the marriage of spouses is divided equally; the prenuptial agreement allows the spouses to settle their property relations and to determine the distribution of their property in accordance with their wishes, thereby preventing future disputes and unnecessary wars between the spouses.
Our firm prepares and assists the spouses who are interested in entering into a prenuptial agreement. Our firm has the knowledge and experience in conducting negotiations, litigation, drafting and preparing agreements between the spouses.
DRAFTING A WILL
If a testator is still alive and is interested in determining in advance the division of his property after his death according to his will – he needs to make a will that will take effect after his death. Our firm helps to draft a will and to submit testamentary statements to the inheritance registration bureau.
If a person dies without leaving a will, the division of his property is done in accordance with the provisions of the Inheritance Act.
It is also permitted to draw up a will, which will enter into force when the testator is still alive – in fact, it is a legal document in which a person gives orders and/or preliminary medical orders, by which he specifies what medical measures must be taken or avoided when he is still alive, but is not able to make any decisions, namely when the patient is in a terminal state. This will allows the testator, while he is still healthy and able to make decisions, to set out in advance his desires in relation to the provision of medical care.
A person can also appoint a “Trustee” for himself, who will have the right to give orders instead of him for the period when the testator is in a state that does not allow him to express his will and give orders. This will ensures the desires of the testator will be complied with and gives him the opportunity to decide what kind of medical care he will be provided in case when he is not able to care for his own well-being and health.
Our company assists in the preparation of property wills and wills for medical care in life, and also provides professional and competent services relating to the preparation of an appropriate and valid will in accordance with the testator’s requirements.
DISSOLUTION OF CIVIL MARRIAGE
If the spouses do not belong to the same religion, are representatives of different religions and the dissolution of their marriage is not done by the Religious Courts System in Israel, they need to submit an application for the dissolution of marriage. The jurisdiction of the Divorce Act (special cases and international bodies) of 1969 regulates the issue of applications for dissolution of marriage for mixed or non-religious couples. It must be emphasized that this procedure is not intended for spouses of the same religion.
If an Israeli citizen truly wishes to change his status to “divorced” on the basis of the divorce ceremony that was performed by foreign authorities, he should apply to the court requesting the annulment of his marriage, in order for his divorce performed abroad to be recognized.
Our company cooperates with leading law firms in many countries, which allows us to obtain the relevant documents in the shortest possible time and to assist in obtaining documents that are difficult to find. The procedure for dissolution of marriage can be carried out upon reaching the consent of both spouses, as well as without their consent to the dissolution of the marriage. The A.I firm aims to provide maximum support for spouses.
Among the services provided are legal assistance to our clients abroad, assistance in contracting civil marriages outside of Israel, assistance in organizing divorce outside of Israel, preparation of agreements between spouses, translation and verification of documents, assistance in obtaining documents and verifying them abroad and other services.