Division of Property
Dani married Dina because he admired her. Dina was the smartest and prettiest girl in the class and Dani was shy and retiring. Dina was a successful manager of a factory that produced silk fabric. Dani worked as a salaried employee. Although they were a bit hesitant because they were polar opposites in personality they decided to take the chance in the hope that their union would lead to unique and original offspring.
But fate decided it was not to be. The family unit collapsed before it was formed. And their conversations became one of financial reckonings. Dani and Dena began to argue about their apartment and possessions they had accumulated over three years.
The relevant legal situation was explained to them:
Every couple that were married after 01/01/1974 is subject to the "Law of Property Relations between Spouses ".
At the time of divorce each spouse is entitled to half of the other spouses' worth, in other words half the worth of all assets accumulated only during the years of marriage.
Regarding the assets that were accumulated before the marriage, usually these assets remain the sole property of that side even during the divorce proceedings. This is the law but there are exceptions that sometimes take into account the issue of reliance.
Also inheritances and gifts that one side received during the marriage remains according to the law, the sole property of the receiver. This law also has exceptions that take into account the shared use of the inheritance if applicable.
The compensation that Dani received from a car accident in the past remains his. And also the pension he received from National Insurance because of the accident remains his alone.
The factory remains Dena's alone, but the income from the factory that was generated during the years of marriage, even if they were invested in various savings programs or were used to purchase assets, half of their worth will belong to Dani.
Securities that were listed on Dani's name alone but were purchased during the marriage will be divided equally amongst the two sides. The savings that were closed and belonged to Dani before the marriage will remain his alone.
Although Dina was a straight and honest person she still had a strong business acumen. "If I go to court" she asked "can I avoid having to share my savings that I accumulated from my work in the factory?"
The courts rule according to the principles of Jewish law which are different than civil law. Generally speaking the guiding principle is that registering the assets in your name is the deciding factor of ownership. Therefore, this will indeed help Dina keep her assets if she goes to court. But today courts are requested and committed to upholding the Property Relations Law, So practically speaking, despite the fundamental difference in perception, there are not always differences in execution -and every case is judged individually.