question:
I am separated from my husband, but we have not yet divorced. We signed an agreement according to which he will pay a certain amount of child support for our minor children, as well as visitation arrangements, in order to take care of our children, even before the divorce, and when we intended to divorce as soon as possible. The Rabbinical Court approved the agreement, and it received the force of a judgment. Now, my husband has informed me that in fact he does not want a divorce, but peace at home. Is the agreement still valid?
answer:
The aforementioned agreement has the force of a judgment, and therefore canceling it is not an easy task at all, even if your husband does not now want a divorce. In fact, the agreement only deals with issues of alimony and custody, and not divorce, so your husband's demand for peace in the home should not affect the validity of the agreement, and he must act in accordance with it in all matters regarding custody and alimony.
question:
My mother passed away about a year ago, leaving behind my father, me, and my 4 siblings. My mother did not leave a will. How do we know what will happen to her property? She and my father have an apartment in their names, as well as money in a joint bank account.
answer:
Since your mother did not leave a will, the estate will be divided according to the law of inheritance, which states that the spouse - that is, your father - will receive half of her property, and the rest will be divided equally between you and the rest of your siblings. I would like to point out that since the property you mentioned belongs to her and your father equally, you will only be able to receive a quarter of the property you mentioned - that is, your mother has half of the apartment, half of which will go to your father, and the remaining half will be divided between the children, and the same applies to the bills. However, to the extent that your mother has property in her name alone - then half of it will go to your father, and half will be divided between the children.
question:
My husband and I are in a legal battle over child support for our minor children. Since I am concerned that he will leave the country and not pay child support, I have issued a restraining order against him. Now, he claims that he has a business meeting abroad and therefore needs to fly for a week, but I am concerned that he will not return. What can I do?
answer:
As a general rule, in order to cancel the order, he must submit a request to the court that issued it and specify why it should be canceled, and when you are supposed to be given permission to respond, in which you will detail your concerns and ask to prevent the cancellation of the order. It should be noted that even if the court is convinced that he must leave the country, this departure should be conditional on guarantees - and when it is very important that you require real guarantees, such as real estate assets and the provision of guarantors - from which you can be reimbursed if he does not return to the country.
For any questions, you can contact us at [email protected]
Nothing in this article is intended to replace or substitute for individual legal advice. Reliance on the information is the sole responsibility of the user.
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