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Are you separating and want to avoid the Rabbinical Court and/or the Court?

Think a divorce settlement.

Before you rush off to the courts, enter long legal battles, Stop for a moment.Have you reached the conclusion that it is impossible to continue living together and have decided to get a divorce? Before you run to the courts, get in to long expensive and tedious legal battles, stop for a moment. You might be able to end the dispute in a better, faster and more pleasant way. The possible solution is a divorce settlement.A divorce settlement is subject to legal approval. It regulates the matters concerning the divorce between the parting couple.It is important to know that a divorce settlement is drawn up with the full consent of both parties. It is not possible to force ant of the parties to have such a settlement. If one of the parties is not willing to have this settlement there will be no choice but to go to the Rabbinical Court and have the divorce procedure in it.The main issues are regulated in the settlement. Usually, the divorce settlement will include the following:
  • Property matters – the settlement regulated how the common property is divided between the couple. This division includes the rights that the couple have accumulated during their years together (including pension rights, study funds etc.) it is important to make sure that the settlement includes all the properties so as to prevent a situation where one of the partners manages to "conceal assets" and come out more profitable than the other.
  • Child support. In the divorce settlement the couple determine the amount paid for child support every month. This amount is separate from the alimony because the latter is paid until the termination of the marriage. After the divorce the wife is not entitled to alimony form her husband. It is good to know that the divorce settlement does not restrict the children and does not prevent them from filling a law suit themselves, later, for child support, after the settlement has been signed.
  • Custody and visitation rights. The settlement will contain detail such as - which one of the parents gets custody i.e. the main caretaker, how often will the other parent see the children, etc. This matter could change in the future, even after the signing of the settlement, according to circumstances.
  • Educating the children. It is important to finalize, in the settlement, the type of education given to the children. This is most important if one of the partners changes the nature of the way he/she lives, for example – becomes Baal Teshuva, and due to this change, the way the children are educated is changed too
  • Any other matter concerning the divorce upon which you have reached an agreement.
After the divorce settlement has been drawn up by the parties it is brought to the court, who will make sure that both parties understand the settlement, agree to it and that no one was put under pressure or coercion to sign it. If one of the parties does not comply with the settlement, after it is authorized by the court, you could file a claim to enforce it in the execution offices.This article is not intended as legal advice and should not be relied on it as such.

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