When a spouse fails to honor a divorce agreement
Disputes between spouses can build up over the years into fights, arguments, rifts, and disagreements across many areas of life. Communication breaks down, the marriage sometimes ends in divorce, and then many things happen at once. Some former couples do not keep to what was agreed and end up failing to honor the divorce agreement. This shows up in blatant violations such as non-payment of support, failure to carry out the property provisions of the divorce agreement, failure to divide money or debts between the parties, failure to keep the arrangements concerning the minors, refusal to vacate the apartment, and more.
Hiring a lawyer for the divorce agreement
When a divorce agreement is breached, you need a divorce agreement lawyer who will handle the entire matter professionally and see the whole divorce issue through in the best possible way. Without high-quality, professional guidance from a divorce agreement lawyer, you are jumping into stormy, deep water that can pull you under. The lawyer’s job is to know the law, act professionally, protect your money, and move things forward properly. The lawyer must analyze and understand the case, present the evidence clearly and accurately, and guide you on how to act in order to win the case. An experienced family lawyer also knows when it is better to negotiate and when to go straight to enforcement.
What a divorce agreement covers
A divorce agreement regulates all aspects of the separation between married spouses. One good way to reach understandings is through a mediator, who sits with the couple and works out agreements in a constructive and positive spirit, so that both sides come away satisfied. For the divorce agreement to be legally valid, it must be approved by the Rabbinical Court or, alternatively, by the Family Court. The agreement typically covers the division of the property the spouses accumulated over the years, the division of debts and social rights, mortgages, custody of the children, parenting time, and more.
A lawsuit to enforce the divorce agreement
Sometimes, after the divorce, one of the former spouses violates the terms of the agreement, and the divorce agreement is no longer being honored. The injured party can enforce it by opening a file at the Enforcement and Collection Authority, by applying to the Family Court, or by filing a claim in the Rabbinical Court. The right forum depends on which body approved the agreement and on the type of violation, and that forum will decide whether to issue an order barring departure from the country, an eviction order, or another measure intended to deter further breaches.
