A woman’s rights in the divorce process
It is well known that when a woman does not prepare herself well and does not thoroughly examine her rights, she may be the losing party in the entire divorce process. In order not to lose the rights she is entitled to, it is recommended that every woman prepare well for the divorce process and understand the full rights she is entitled to.
In Israel today, there are two judicial bodies that have the authority to hear divorce matters (and everything that arises from it, including; alimony, separation, custody, etc.), one is the Rabbinical Court and the other is the Family Court. It should be said right away that The judicial court to which the lawsuit will be filed first – She is the one who will hear the divorce lawsuit.
The current accepted approach is that it is better for a woman to file a divorce lawsuit in the Family Court because in this judicial instance she will be able to exercise her rights in terms of property division, social and pension rights, and receive higher alimony payments.
It should be emphasized that when the lawsuit is handled in the Rabbinical Court, most of the time the fact that the woman contributed to the household, to raising the children, and usually The property will be divided. According to the name of the spouse registered as the owner of the property or possessions.
Child custody: Premature age which is established by law, establishes the right for a woman to have her young children (up to age 6) remain in her sole custody, unless there are special circumstances that do not allow this (for example: mental/health problem, addiction, etc.). When sole custody is granted to the wife, the husband can be entitled to visitation/residence arrangements with his children that are determined by the court or by agreement between the parents.
The wife can file a petition with the court against the husband who violated the visitation arrangements. The wife can request that he be required to make payments in addition to alimony, for example: for babysitting during times when he was absent, to be fined for his absence, and even to reduce the visitation arrangements in order to avoid disappointment with the children.
Read more: About Violation of visitation arrangements by the father
Child support: The woman’s right, forever, is that the man’s obligation to pay child support for the needs of his children, even when he is no longer part of the family in the daily routine. The husband’s obligation Paid Child support It arises from the law, and this involves transferring a monthly payment to the custodial woman.
It should be said right away that even if the husband is in financial difficulties, this does not mean that he is exempt from paying child support and taking care of his children financially. The wife does not have to bear the expenses of the children alone after the divorce and she has the right by law to demand that the father pay for these expenses, and this can be enforced through execution or through the National Insurance Institute.
Read and know: What do you do if your ex-husband doesn’t pay you child support?
Wife’s alimony: During the divorce process and until the end of the lawsuit and the receipt of the get, the woman is entitled by law to receive spousal support from her husband. This is an obligation just like paying child support, unless there are specific reasons that deny her this. The rule regarding spousal support is that the husband must maintain the same standard of living to which the wife was accustomed during their life together.
Temporary remedies: The woman is entitled to file a request for interim relief while the divorce lawsuit is pending and even before the lawsuit has begun. Temporary remedies include; an order to delay departure from the country, a seizure order, restrictions on the use of assets, etc. These remedies are intended to protect the woman’s rights and prevent a situation in which she will not be able to exercise her rights.
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Read more: About Temporary remedies in divorce proceedings
sectionSince the custody and custody of the children is usually in the hands of the woman, it is customary for the children to also reside with her, and therefore the woman is entitled to receive, after the divorce, a payment from the division for expenses related to housing, participation in rent, property taxes, water and electricity, and sometimes cable and internet.
The husband’s participation in the section fees is between 30%-50%, depending on the number of children.
In addition, according to the Legal Training and Guardianship Law, educational and training decisions concerning children, such as registration for educational institutions, summer camps, etc., must be made with the consent of both parents, so a divorced woman has the right to be involved and give her consent to every decision.
Asset sharing: The rule of sharing allows women who were married before January 1, 1974, to receive half of the property accumulated during the marriage regardless of who owns the assets. However, the woman must prove that the pattern of the marriage was economic sharing and a normal family life.
Women who married after the above date, Sponsorship under the Financial Relations Law Which grants a right to the woman when dividing property and without condition to the nature of the relationship during the marriage. In recent years, women are sometimes entitled to more than half of the property, both by virtue of court rulings issued on the subject and by virtue of the amendment made to the Financial Relations Law.
Benefits: After the divorce, the custodial parent (usually the woman) is entitled to a number of benefits. Since custody of the children is usually in the hands of the woman, in addition to alimony payments and alimony, the child allowance will also be transferred to her.
In addition, half of the education expenses in daycare or kindergarten will be waived in favor of the woman, as well as half of the payment for lunch until the end of the third grade. For children in school, the woman is entitled to a one-time tuition grant once a year in August, in preparation for the school year. Children of divorced parents are also entitled to a discount on school fees under certain circumstances.
As a custodial parent, the woman is entitled to the Ministry of Housing’s participation in the rent for three years, provided that she does not own an apartment or a share in an apartment. It should be noted that the participation rate is determined by the woman’s monthly income and the number of children.
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