All is said and done, you have come to the conclusion that your marriage has come to an end, and you are turning to the Rabbinical Court or the Family Court to file claims.
If you (your spouse) choose to file a property claim against the other spouse, in which the joint property accumulated during the marriage will be divided, or if you (your spouse) choose to file a child support claim for yourself and/or your minor children - it may be necessary to file a request for a temporary attachment order.
This article will explain how such a request can be submitted, and what the accompanying procedure is - whether it is decided to file the claims in the Rabbinical Court or whether they are filed in the Family Court.
Foreclosure order in a property claim
When a property claim is filed, it may be necessary to file a request for foreclosure in order to maintain the existing situation - that is, to prevent a change in ownership/transfer of the assets, and to ensure that no property is stolen, so that when a judgment is issued to divide the property, it can be divided accordingly.
In order to obtain a seizure order, it must be proven that:
1. The damage that will be caused to you if an order is not granted is greater than the damage that will be caused to the other party if the order is granted.
2. Because you discovered all the relevant facts.
3. That the lawsuit is not hopeless
4. That failure to issue the order will result in a disregard for the judgment, when it is issued.
In addition, bail must be posted in the amount determined by the court.
If such an order is decided to be approved, it will usually be issued for a maximum of half of the funds, since the assets are supposedly supposed to be divided half by half, according to the Financial Relations Law.
Attachment order in a child support claim
In a child support claim - there may be a need to file a garnishment order when there is concern that the father will not pay the child support. The execution of the garnishment will ensure that even in the event that child support ceases and is not paid - it will be possible to receive child support from the funds that were garnished.
Alimony garnishment is limited to the amount of 24 months of alimony, meaning the monthly amount determined* 24 months. In this case too, the four requirements above must be proven, as well as the sureties must be deposited.
Questions regarding this matter can be sent to the office's email:
Nothing in this article is intended to replace individual legal advice, and each case must be examined on its own merits. Reliance on the information is the sole responsibility of the user.The article is written in the masculine gender but is addressed to both women and men.
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