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Zahavi - Pretty & Co.
Questions & Answers

Frequently asked questions

The questions we are asked most often, grouped by area. If you cannot find an answer here, we are happy to help.

General questions about working with the firm

When should I contact a lawyer?

As early as possible. In most of the areas we handle - labor law, real estate, commercial disputes - coming to us early widens the range of options and sometimes avoids litigation altogether. Once a letter has been sent or a claim filed, the options narrow.

How long do legal proceedings take?

It depends on the type of proceeding and the court. Labor court cases generally run from several months to two years; civil and commercial claims in the district court can take longer. At the first meeting we will explain the realistic timeframe for your matter.

Can a dispute be resolved without going to court?

Often, yes. Negotiation, mediation and a well-prepared pre-action approach resolve a significant share of disputes without full proceedings. Anat Zahavi, Adv. is a certified mediator in labor law. We consider this route before turning to the courts whenever it suits the matter.

What should I bring to the first meeting?

Any document connected to the matter: contracts, correspondence, letters you have received, payslips, land registry extracts - whatever is relevant. Better to bring too much than too little. If you have no documents, you are welcome to come without them.

Is my inquiry kept confidential?

Yes. Attorney-client privilege applies to everything you tell us, including in an initial inquiry and consultation, even if we ultimately do not represent you.

Questions by practice area

Civil & Commercial Litigation

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What is the difference between civil litigation, arbitration and mediation?

Civil litigation takes place in court and ends with a binding judgment. Mediation is a voluntary process in which a neutral third party helps the parties reach an agreement. Arbitration is conducted outside court before an agreed arbitrator. Each has advantages depending on the circumstances.

What is an injunction and when is one sought?

An injunction is a temporary order requiring the opposing party to refrain from a specific action until the case is decided. It is sought when there is concern about irreversible harm - for example, the sale of a disputed asset, breach of a confidentiality agreement, or ongoing infringement of rights.

How long does a court proceeding take?

The duration depends on the complexity of the case and the conduct of the parties. Simple claims may conclude within one to two years; complex cases can take longer. In many cases it is possible to reach a settlement outside court in a shorter timeframe.

Who pays legal costs?

The court typically orders the losing party to pay legal costs, but the amount is at the court's discretion and does not necessarily cover all attorney's fees in full.

Can I sue even without a written contract?

Yes. An oral agreement is as binding as a written one, though it is harder to prove its terms. The court will consider evidence such as correspondence, witness testimony and payments made.

Labor Law

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What is a pre-termination hearing and why does it matter?

A pre-termination hearing is a mandatory procedure before any dismissal, in which the employer must allow the employee to state their case. A hearing conducted unlawfully may render the dismissal invalid. Early preparation with a lawyer can change the outcome.

Am I entitled to severance pay?

As a general rule, an employee who has worked more than one year with the same employer is entitled to severance pay. There are exceptions and grounds for dismissal that affect entitlement. A review of your employment circumstances will allow us to give you a precise answer.

I was dismissed during pregnancy - what are my rights?

Dismissal during pregnancy without approval from the Ministry of Labor is generally completely prohibited. An employee dismissed in this situation may seek cancellation of the dismissal and compensation. It is important to seek legal advice immediately upon receiving notice of dismissal.

I was dismissed after returning from reserve duty - is that lawful?

The law prohibits dismissal of an employee within 30 days of completing reserve service, without special approval. Dismissal during this period is presumed to be unlawful. Contact us to have the circumstances examined.

How long do I have to file a claim?

Claims for wrongful dismissal, wage withholding and social benefits are subject to limitation periods ranging from one to seven years, depending on the type of claim. The sooner you act, the better the prospects for preserving evidence and options.

Real Estate

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What should I check before buying an apartment?

Before signing a contract you should verify: the property's registration at the Land Registry, absence of liens and encumbrances, building permits, debts to the local authority, building rights and planning status. A lawyer who carries out these checks protects you from unwelcome surprises after the purchase.

What is the difference between TAMA 38 and evacuation-reconstruction?

TAMA 38 is a programme for strengthening existing buildings against earthquakes while adding floors. Evacuation-reconstruction involves demolishing the existing building and constructing a new, larger one. In both cases residents receive a new, improved apartment, but the contracts with the developer require close legal supervision.

What is betterment tax and who pays it?

Betterment tax (mas shevah) is a tax on the profit from selling real estate. It is generally paid by the seller, though there are exemptions - for example on the sale of a qualifying residential apartment. It is worth assessing the situation before signing.

At what stage should a lawyer get involved in a real estate deal?

At the negotiation stage, before signing. Early involvement allows problems to be identified before you commit, the contract to be drafted in a way that protects your interests, and the tax aspects to be properly planned.

Commercial & Corporate

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What is the difference between a limited company and a partnership?

A limited company (Ltd.) is a separate legal entity from its owners - the personal liability of shareholders is limited to the capital they invested. A partnership, by contrast, does not limit personal liability, and partners may bear personal responsibility for debts. For most businesses a limited company is preferable, but the choice depends on the structure and operational needs.

Why is it important to draft a founders' agreement at the outset?

A founders' agreement sets the rules of the game from day one: share allocation, decision-making authority, what happens if a founder leaves, and exit and buy-out mechanisms. Without one, future disputes between partners can paralyse the company - and sometimes bring its operations to a halt entirely.

What does ongoing legal counsel (retainer) include?

Ongoing counsel gives you direct access to a lawyer for your business's day-to-day needs - reviewing contracts, answering legal questions, accompanying negotiations and early warning of legal risks. It is an investment that saves the higher costs of dealing with problems that could have been prevented.

What should I check in a contract with a supplier or client?

Critical aspects include: payment terms and deadlines, limitation-of-liability clauses, dispute resolution mechanisms, termination conditions, confidentiality and non-compete provisions - and above all, clear definitions of each party's obligations. A contract written in vague terms is a recipe for conflict.

Wills & Estates

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Does a will have to be in writing?

The law recognises four types of will: handwritten, witnessed, before an authority, and oral (in special circumstances only). The most common and secure form is a witnessed will - a written document signed in the presence of two witnesses. Professional drafting by a lawyer ensures the will is valid and resistant to future challenge.

What is the difference between an inheritance order and a probate order?

An inheritance order is issued when a person dies without a will - the court determines the heirs according to law. A probate order validates an existing will and gives it binding legal force. Both orders are required for the transfer of assets and registration at the Land Registry.

Who can contest a will?

Anyone who would have been entitled to inherit had there been no will - a statutory heir - may file an objection to its probate. Common grounds include formal defects, undue influence, lack of legal capacity at the time the will was made, or a claim that the will does not reflect the deceased's true wishes.

How long does it take to obtain an inheritance order?

In straightforward cases - typically several months from filing the application with the Registrar of Inheritance Affairs. When there are disputes between heirs, or when an objection to a will is filed, the process may take years. Early engagement with a lawyer allows the process to be streamlined.

Family Law

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Does a prenuptial agreement require court approval?

Yes. A prenuptial agreement must be approved by a family court or a notary before it acquires binding legal force. Professional drafting is essential - agreements prepared without legal advice may be invalid or produce unintended consequences.

What is the advantage of mediation over court proceedings?

Mediation allows the parties to reach agreements quietly and with less hostility, while preserving a functional relationship - especially important when there are shared children. It is faster, more efficient, less expensive, and its outcomes are controlled by the parties rather than left to a judge's discretion.

How is property divided in a divorce?

In Israel the principle of "resource balancing" applies - assets accumulated during the marriage are divided equally between the parties, except for inheritances and personal gifts received. This mechanism applies at the end of the marriage, unless a prenuptial agreement sets out a different arrangement.

What can be determined in a prenuptial agreement?

Almost every financial aspect of the marriage: separation of assets, maintenance arrangements in the event of separation, division of specific assets, pension rights and more. A prenuptial agreement can be made before or during the marriage, and gives both parties certainty and security.

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