Postnuptial Lawyer Providing Compassionate Legal Guidance to Married Couples
No one likes to think about the possibility of marriage difficulties, especially when things are going well. However, it can be wise to plan for any future challenges to protect yourself and the life you’ve worked so hard to build. Some couples choose to create a prenuptial agreement before their marriage even begins to address what will happen financially if they should get divorced. Others are not ready to have those conversations so early in the relationship or don’t see the value in having a financial agreement at that point.
Luckily, it’s never too late to enter into a postnuptial agreement that can fulfill the same purpose and provide you and your spouse with protection and peace of mind. Contact Hait Family Law today at (077) 200 8161 to schedule a consultation to discuss postnuptial agreements and how they can benefit you.
What is a Postnuptial Agreement?
A postnuptial agreement is basically identical to a prenuptial agreement but is signed after a couple is married. It is designed to go into effect after a couple begins divorce proceedings. It contains the couple’s agreement for the terms of their divorce, including the division of property, handling of debts, spousal support, and other vital topics. The assistance of a skilled lawyer is usually necessary to create this document because you must account for all current and future assets, debts, and issues. The signed document must then be presented to the Family Court for authorization and approval. The court may request changes to the terms or ask questions to ensure that the agreement is fair to both parties and that you understand what you are signing. Once the postnuptial agreement is approved, it is legally binding.
Why Do Couples Create Postnuptial Agreements?
While prenuptial agreements are becoming more popular in Israel, many couples still choose not to create this type of financial agreement before their marriage. Some worry that a prenup could cause a lack of trust between them and their future spouse. Others may feel that they do not have enough assets to justify the time and expense of a prenup. However, after their marriage, some couples decide that their relationship could benefit from the clarity that a financial agreement provides.
Disagreements over money and other financial matters can be one of the major sources of conflict within a relationship. They can sometimes cause the breakdown of the marriage if the issues cannot be resolved. Through a postnuptial agreement, couples can document what will happen if the relationship becomes irretrievable and divorce is imminent. Sometimes, through the process of creating the postnuptial agreement, the couple can actually resolve many of their disagreements and strengthen their commitment to one another.
Other reasons for making a postnuptial agreement include, but are not limited to:
- An increase in assets for one or both spouses
- Making Aliyah and wishing to have an agreement that is valid under Israeli law
- Starting a business and wanting to ensure that it will not be negatively impacted by any possible changes in an individual’s marriage status
- Receiving a large inheritance or gift
- Wanting to avoid the involvement of the court in property division decisions
Can Postnups Help Prevent GET Refusals?
There has been growing awareness and activism surrounding the issue of GET refusals in Jewish divorces. If a husband refuses to grant his wife a GET, she cannot get legally divorced from him. In some cases, a wife may refuse to accept a GET, effectively chaining her husband to the marriage. There are currently no good legal remedies for the spouses stuck in this situation, and individuals sometimes use GET-refusal to force their spouse to agree to their demands before finalizing the divorce.
In an effort to prevent these unfortunate situations, a group of rabbis has created a document known as “The Agreement for Mutual Respect” (Heskem L’kahvod Hadadi). This document can be signed as either a prenup or postnup agreement. Under the terms of this agreement, if a wife requests a divorce and her spouse refuses for a predetermined period, he agrees to pay monthly spousal support. The support is half his monthly income or $1500, whichever is greater. This expense provides a strong incentive for an individual to agree to the divorce. The document also allows the spouse who does not want the divorce to request that both partners attend marriage therapy to try to improve their relationship. If you have questions about this topic, we urge you to contact our law firm today to discuss your legal options.
How Can a Postnuptial Agreements Attorney Assist You?
Depending on your situation and needs, a postnuptial agreement can be a complex document. It must be carefully drafted to ensure that it meets strict legal standards and will result in the outcomes desired by you and your spouse. Ideally, your postnuptial agreement will never be used. But, if needed, it can simplify your divorce and ensure you are in a good financial position to continue your life. Hait Family Law can guide you through the process of creating this document and getting it authorized by the court. Call (077) 200 8161 to speak with an experienced postnuptial agreements attorney today.
preventing him from leaving?
you from leaving Israel?