What is the power race and how does it affect you…
In the State of Israel, there are various problems regarding marriage and divorce that stem from the lack of a clear separation between religion and state. Marriage and divorce are among the most basic issues that religion oversees, but at the same time, attributing the status of married/divorced has significant implications for a person’s rights and obligations towards state authorities.
Among the well-known problems arising from the above situation are the problems with conducting civil marriages and their validity, as well as “The race for power“created when couples are faced with Divorce Procedure.
The power race is the name given to the ability of a husband or wife to bind their spouse to proceedings in a specific court – the civil court of the Family Court and the religious court of the Rabbinical Court.
Since each of the above courts has the authority to discuss overlapping issues, once one of the spouses files a motion to begin divorce proceedings in a particular court, he or she is effectively determining before whom the issues of property division, child custody, alimony, etc. will be settled.
Each of the courts has advantages and disadvantages for each of the parties.
In this article, we will detail the factors that fuel the race for power, in which cases it is advisable to file a divorce lawsuit early, including various issues related to divorce in a lawsuit to the Rabbinical Court, situations in which, despite filing a lawsuit to the Rabbinical Court, the divorce hearing will be transferred to the Family Court, and more.
Who is better off in the Rabbinical Court and who is better off in the Family Court?
It is generally accepted that it is preferable for a man to have the divorce hearing held in the rabbinical court, while a woman is better off if the hearing is held in the family court. To a certain extent, this approach does correspond to reality, but there may be circumstances in which it is preferable for a woman to have the divorce and the issues involved resolved in the civil court.
The man can file a divorce suit in advance with the Rabbinical Court and include (attach to the suit a list of issues that he wishes to settle) the issue of wife’s alimony, Foods Children and their custody. In contrast to these issues, the man will generally prefer to leave the issue of property division, especially the fate of the residential apartment, to the family court in order to put pressure on his wife that the residential apartment is about to be sold.
As mentioned, the woman’s situation is usually much better if the divorce matters are resolved in the family court. In the civil court, the woman will usually be entitled to a division of property in accordance with the Property Relations Law (if the parties have drawn up a property agreement backed by the court’s seal), which will entitle her, in most cases, to half of all property regardless of ownership records.
On the other hand, the rabbinical court will rule regarding the property based on the manner of registration and without attributing due weight to the woman’s contribution to the joint effort by managing the household, raising the children, etc.
Additionally, the Family Court will generally rule higher alimony (spousal support and child support) and linked to the index, compared to the Rabbinical Court, where lower alimony will be ruled and linked only to the cost of living increase.
Opening divorce proceedings – an objective advantage following the power race
Sometimes, regardless of the advantages that can be achieved by determining the forum in which the hearing will be held, the mere act of taking the first step and forcing the other side to a certain course of action has a psychological significance that will affect achievements in the expected conflict.
The party who initiates and binds his/her spouse to the court he/she has chosen will feel a sense of security that, regardless of the special advantages afforded to him/her by the court he/she has chosen, will allow him/her to achieve an advantage even when it is not backed by a justified legal basis.
And before you start running, remember: the power race won’t always help you…
A man who files a divorce claim in advance with the Rabbinical Court is required to meet a number of conditions. If he does not meet them, the hearing will be transferred to the Family Court. These conditions are the sincerity of the divorce claim, legal binding, and the sincerity of the binding.
Anyone considering divorce proceedings is strongly advised to contact the A lawyer who deals with family matters. If there is any doubt about taking a preliminary step in the race for power or avoiding such a step in order to avoid escalating the conflict, it is recommended to file the lawsuit with the desired court (according to the lawyer’s recommendation) and immediately thereafter suggest that the spouse resort to mediation.
Read more about choosing the court to file a divorce lawsuit
