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("Contingency Agreement")

"After the Corona"...

In recent days, everyone has been sending me articles titled:

      "After the corona will come an explosion of divorces"...

      "Wow, how much work you will have, you will not have time to breathe"...

 

From my point of view, I don't think that the right step immediately after the Corona period is to run forward immediately and jump headfirst...

I think that as in any crisis, certainly a huge crisis with a huge impact on a global level, it is not right to rush forward and make such fateful, life-changing and significant decisions without waiting a second, examining things, giving a chance.

I think it is wrong to reach such fateful decisions in such an extreme and unusual situation.

It is right to check, examine, maybe turn to a supportive professional framework such as therapy, to understand what happened to us there and why and whether we can fix it. Are we interested in restoring what has been damaged,  or maybe this is an opportunity for us to define what is right for us and what is not.

One of the legal remedies for the unusual and exceptional situation we are in can be in the format of an agreement. An agreement that is, in fact, "to be with and feel without".

An agreement that gives us time, if we need it, to examine what happened to us on a marital and family level and whether we have a chance and a desire to restore our common life within a marital framework. At the same time, such an agreement provides a solution of security and certainty - for a situation where we choose the option of separation - things will be known in advance.

An agreement of the type described above is referred to in legal parlance -"Contingency Agreement"And it includes, in practice, 2 agreements under the umbrella of one agreement - "Home peace agreement and alternatively divorce".

What is a contingency agreement??

 

A contingency agreement defines a situation in which the spouses are in crisis and have decided to examine whether they are interested or whether it is possible to restore their life together.

As part of the agreement, the couple will define the manner in which they will manage their life together during the trial period for the restoration of the relationship.

The core of the contingency agreement - will lay the foundations for a situation where the attempt to restore the marital relationship has failed. In other words, the contingency agreement specifies the manner in which the joint property will be divided, as well as references regarding the upbringing of the children and the means to finance their needs. In practice, every issue that arises as part of the divorce agreement will be detailed in a contingency agreement.

 

What are the advantages and disadvantages inherent in a contingency agreement?

the benefits

  • The agreement gives a "chance" to examine where you are headed. Can we/are you interested in restoring your life together?

  • The agreement provides security and future certainty - what will happen if we separate.

  • The agreement specifies in advance how the property is divided and what is decided on each and every issue - preventing future arguments and wars. We are at a stage of desire and willingness to reach agreements.

the disadvantages

  • Talking about the details today, in fact "place on the table" all the issues that need to be answered in the case of a breakup.

  • Preparing a contingency agreement makes it difficult to proceed at the same time - on the one hand to examine an option to restore and on the other hand to discuss a case of separation.

It is important to clarify - the contingency agreement receives the validity of a judgment and the approval of the family court. Therefore, it should not be taken lightly. The signing of a contingency agreement will only be when the couple is safe within us, from a place of understanding and free will.

In light of this, none of the parties will be able to claim down the road - "I didn't think this would happen", "I didn't believe we would really break up".

A contingency agreement is  a legal agreement, which gives a chance for marital rehabilitation at the same time as certainty and security for the rest of the way.

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