New Phenomenon: Corona Clause in Divorce Agreements Israel today

Courts treat Corona as a temporary problem, while divorcees collapse under the load • Attorney: "Business owners and pilots have suddenly discovered they are in a huge problem"

• Illustration picture (photographers have nothing to do with the news)

  Photography: 

  Liron Moldovan

If a relationship on days as standard is a challenge, a relationship on Corona days is a double and multiplied challenge.

The continuous stay with the spouse and the economic difficulties caused by the corona to the economy, create tension in many homes, and will probably also lead to an alarming increase in the divorce rate in Israel - but also hurt those who divorced before the corona.

"I can point to cases where without the corona they would not have come to me," says family law attorney Adv. Hershkovitz, "Between the first and second quarantine people came to me who I know for sure that if the world had run smoothly, it would not have happened to them.

But right now the whole world is running in chaos, unfortunately, and the common stay and the ongoing economic tension that do not see its horizon - are leading to dismal results. "

In many cases, the economic crisis leads to a decrease in the man's earning capacity, which affects the ability to keep agreements that have already been signed.

"For example, a case of a pilot who divorced at the beginning of the year," says Hershkovitz, "when Corona was still a distant rumor, and in February signed the divorce agreement. Following the closure of the sky due to Corona, he lost his job as a pilot That led his ex-wife to file a lawsuit against him. "

In another case, a customer who undertook to pay alimony in the amount of NIS 7,500 per child, had to deal with an unexpected reality in which his business was not functioning at all because of the corona.

"He did not go bankrupt because he had savings, but he crashed," says Hershkovitz. "A court did not help him and offered to take out a loan to meet alimony payments. In fact, even those who have money were harmed by the situation. Many high-tech workers, for example. "The job has been reduced to 70% and their salaries have dropped accordingly. The problem is even more acute when it comes to the self-employed since they can not commit to payments when their future is not clear."

According to Hershkovitz, another issue affected by the corona is the division of property and the realization of other financial obligations made in divorce agreements: "Although an agreement has been reached on the division of property, which includes the sale of a house, etc.

Contrary to expectations, rabbinical courts and family courts treat the situation as if it were a temporary situation and do not extend real relief, even though economic uncertainty has been going on for seven months and is not expected to end in the near future, and in some professions there is no prospect of returning to work. Find themselves in an impossible situation where the ruling obliges them to pay sums they cannot afford.

In order to deal with reality, Adv. Hershkovitz decided to include a "corona clause" in divorce agreements and alimony in which he represents. The clause, also known as an "epidemic clause", refers to a case of future closure as a result The parties agree on the amount of alimony in the event that a closure is imposed or the man goes into exile, as well as clear rules regarding the other financial obligations, which will cause the couple not to be dependent on the grace of the court or tribunal.