Case Number
CA 419/84
Date Decided
2-28-1985
Decision Type
Appellate
Document Type
Full Opinion
Abstract
The Respondent petitioned the Tel Aviv-Jaffa District Court for the enforcement of the Appellant’s obligation to purchase a 3 room apartment for her, and for the appointment of a receiver to execute that obligation. The said obligation was part of a divorce agreement between the Appellant and the Respondent that was given the force of a judgment. The Appellant argued that he and the Respondent had made a parol agreement to delay the execution of the obligation. The District Court granted the Respondent’s request. This led to the appeal, which focused upon the question whether a parol agreement can alter an obligation made in a divorce agreement that was given the force of a judgment.
(1) A divorce agreement given the force of a judgment is a property agreement in the sense of the Spouses (Property Relations) Law, 5733-1973, which establishes in sec. 2(d) that “An agreement between spouses confirmed by a judgment for divorce of a religious court shall be treated as a property agreement confirmed under this section.”
(2) According to sec. 1 of the Law, not only must the property agreement itself be in writing, but “any variation of such an agreement shall be in writing”.
(3) The writing requirement, both for the property agreement itself and for changes thereto, is not merely evidentiary but substantive.
(4) In addition, to the writing requirement, sec. 2 of the Law also requires meeting the other conditions for confirmation by a judicial instance.
B. (1) In accordance with CA 490/77 Natzia v. Natzia, IsrSC 32(2) 621, Chapter One of the Spouses (Property Relations) Law, 5733-1973, also applies to spouses who married prior to the enactment of that Law who made a property agreement after its enactment.
(2) Section 1 of the Law speaks of a property agreement made between spouses, but it does not require that they also be in that same status of spouses at the time of making a change in a property agreement.
Keywords
Family Law -- Divorce, Family Law -- Marital property
Recommended Citation
Bejski, Moshe; Halima, Avraham; and Levin, Shlomo, "Tuchmintz v. Carmel" (1985). Translated Opinions. 388.
https://larc.cardozo.yu.edu/iscp-opinions/388
