Table of Contents
Acknowledgments xiii
Introduction 1
Chapter 1 Issues Subject to Modification in Family Law 9
I Introduction 9
II Issues Subject to Modification in Family Law 10
III Bargaining and Indemnification in Divorce Agreements 15
IV Issues Subject to Modification-A New Model 19
A Argument I: Broadening Issues Subject to Modification 19
1 A Theoretical View 19
2 A Practical View 23
B Argument II: Eliminating Modification in Divorce Settlements 27
1 The Perspective of Contractual Obligations: Breach of Agreements 29
2 The Perspective of Public Policy: The Ongoing Destructive Relationship 31
3 The Perspective of Normative Harmony: Monetary Claims 33
4 The Limitations of Modifying Judicial Decisions 35
C An Intermediate Path-Comprehensive Legislative Rules for Modification 37
1 Defining the Changed Circumstances Standard through Fixed Rules 38
2 The Effective Support Approach 45
3 The Tort Model 49
V Conclusion 52
Chapter 2 The Right of a Minor to Independent Status 54
I Introduction 54
II Importance of the Minor's Right to Independent Status 55
A Finality of Judgment 55
B Natural Guardianship 57
C The Right of the Minor to Independent Status 58
III Exclusion of Other Interests in Family Law 61
A Res Judicata and the Burden of Proof 61
B Contractual Certainty, Rehabilitation, and Motivation to Settle 64
IV Three Models for Balancing the Competing Interests 68
Model A Consideration of the Interest of the Minor by the Court 68
Model B Clear Legislative Guidelines 71
Model C Independent Representation for the Minor 75
V Conclusion 81
Chapter 3 Extramarital Relationships and the Theoretical Rationales for the Joint Property Rules 84
I Introduction 84
II Property Distribution and Extramarital Relationships-The Laws in the United States 86
A The System of Family Property Distribution 86
B The No-Fault Divorce Revolution 89
C The No-Fault Divorce Revolution-The Shattered Dream 92
D Fault in Property Distribution-The Laws in the United States 93
III Extramarital Relationships and Property Distribution-The Normative View 100
A The Moral Argument 100
B A Dilemma Facing the Moral Argument 103
C A Lack of Guidelines Leads to Judicial Arbitrariness 105
D Which Field of Law Should Deal with Extramarital Relationships? 107
IV Israeli law-Extramarital Relationships 109
A Extramarital Relationships under a Joint Property Regime 109
B Balancing of Resources-The Property Relations Law 111
C Jewish Religious Law 113
V The Modern Theoretical Rationales for Joint Property 114
A The Joint Property Principles 114
B Different Fields of Law and Extramarital Relationships 124
C The Moral Argument-The Approach of Society 125
D A Proposal for a New Model-The Dominant Cause Model 126
VI Conclusion 128
Chapter 4 Property Sharing Arrangements in Israeli Family Law 131
I Introduction 131
II The Property Relations Law-The Theoretical and Normative Framework 133
III The Knobler Case-A Solution with Endless Difficulty 136
IV The Case Law That Followed the Knobler Case 139
A The Abu Romi Case-An Obiter Dictum Becomes Precedent 139
B An Asset Registered in the Name of One Spouse Is Held to Be a Shared Asset 140
C The Simchoni Case-A Separate Asset Registered in the Name of Its Owner and Held by Creditors 142
D The Ben Giat Case-Reinstatement of the Presumption of Sharing 143
E Family Court Case Law 146
V The Law in the United Kingdom 146
VI The Law in the United States 152
VII A New Model in Light of Amendment 4 158
A Amendment 4-A Significant Change 158
B A Desirable Normative Arrangement in Light of Amendment 4 160
C The Normative Arrangement Concerning the Residential Apartment 162
VIII Conclusion 164
Chapter 5 Recognition of Foreign Civil Marriages 166
I Introduction 166
II The Schlesinger Case-A Marriage between a Jew and a Non-Jew 169
III The Validity of Civil Marriage 172
A The Skornik Case-The Validity of a Marriage with Regard to Maintenance 172
B Three Approaches for Examining the Validity of a Marriage 174
C The Anonymous Case-The English Approach 175
IV The Ben Art Case-Registration of Same-Sex Civil Marriage 178
V Conclusion 181
Chapter 6 The Issue of Document Disclosure in General Court and in Family Court 183
I Introduction 183
II The Unique Nature of the Family Court 185
A Establishment of the Family Court-Historical Background 185
B The Release from Procedural Rules-Analysis and Review 187
III Document Disclosure 190
A Document Disclosure in the General Courts 190
B Document Disclosure in Family Court 192
C Does General Document Disclosure Apply in Family Court? 193
IV The Response of the Family Court-A Critical Review 196
A The "Pre-Trial" Rules as Authority for Document Disclosure 197
B The Sanction for Noncompliance with Document Disclosure Orders 199
C Rejection of the Constructions by the Courts of Appeal 200
D Partial Adoption of the General Procedure: A Critical Review 201
V The Legal Systems in Several Other Countries 203
A The Australian Legal System 203
B The Legal Systems in Canada 206
C The Legal System in Several States within the United States 207
D Adoption of the Process Used by the Labor Court in Israel 211
E The Israel Supreme Court Approved an Order to Disclose a Document 213
VI Conclusion 214
Glossary of Technical and Foreign-Language Terms 217
Index of Terms, Figures, and Sources 219
Legislation Index 227
Index of Cases 233
