The divorce process for Jewish couples in the State of Israel, with regard to the granting of a divorce, is under the exclusive jurisdiction of the Rabbinical Court. After the divorce case has been opened and the first hearing has been held, the Court may offer the couple seeking to end their relationship a Shalom Beit arrangement.
The rejection or failure of the arrangement will lead to the final hearing, in which the wife will be given a divorce decree, a reference will be given from the court, and the marriage will be dissolved.
Ostensibly, this is a simple procedure whose sole purpose is to end a failed relationship. However, it is well known that the issue is much more complex and complicated and is usually used to “settle scores” between the spouses. In practice, the divorce process becomes a battleground over various issues involved, lasts for many months, and takes a significant financial and emotional toll on the parties involved..
For example, the parties tend to complicate and split the proceedings in all matters related to divorce – Arrangements Witness (Custody), Alimony Wife and Child Support, division of property and more.
The couple is exploiting the parallel authority of the Rabbinical Court and the Family Court on these issues and is starting a “power race” between the two.
The sad result is legal proceedings that extend over many months, deepening disputes influenced by anger and resentment, and many expenses for legal representation.
At the same time, throughout the entire process, the parties are prevented from moving forward and making progress, all of them trapped in the divorce struggle and driven by negative emotions that affect their personal and professional lives. Additionally, in most cases, the couple’s children are thrown into the divorce cauldron and suffer from it as well.
In order to avoid such conduct and in accordance with the prevailing trend in the legal system today, whereby, to the extent possible, disputing parties are referred to mediation and arbitration, there is also a preferred alternative in the matter of divorce: Divorce agreement. Fast – convenient – and prevents unnecessary procrastination.
The legality of a divorce agreement
Legally, a divorce agreement is a contract between the parties. Like any contract, it is subject to the laws of the State of Israel and may not condition the legal rights of the spouses.
When the Family Court or Rabbinical Court approves the agreement and gives it the force of a judgment, its content will be examined in accordance with the principles of contract law.
Accordingly, a divorce agreement that restricts the rights of one of the parties, establishes an illegal condition, forces or oppresses one of the spouses, etc., will not be approved by the judicial court. Hence, the drafting of the divorce agreement is best if it is carried out by an independent party who has no interest or vested interest in the content of the contract itself.
It should be emphasized that in the event that the judicial body determines that the agreement contains one or another defect, it may cancel it completely. Hence the importance of drafting and determining the content by a professional in order to prevent wasting valuable time and financial resources.
The content of divorce agreements
In general terms, the divorce agreement refers to the period before the divorce is granted and the period after. Regarding the first period, the agreement must determine, among other things, how the couple’s property will be divided, what percentage of spousal and child support will be paid, and what the temporary visitation arrangements are.
Regarding the period after the divorce, the agreement will specify – what is the amount of child support, participation in various expenses, the issue of the children’s education, permanent visitation arrangements, the division of income from income-producing properties, and more..
In addition to the main issues mentioned above, it is advisable to include in the agreement: Divorce Any issue that may serve as a future bone of contention. What was envisioned as clear and understandable at the time of signing the agreement, can spark rivalry between the couple, after the divorce is granted and with a change in circumstances.
Therefore, it is recommended to entrust the drafting of the agreement to a professional legal entity, who will ensure its legality and include most of the issues necessary for the termination of the marriage. This way, the marital system can be effectively ended without getting caught up in legal battles and unnecessary expenses.
Is your spouse not meeting the terms of the divorce agreement you signed? Read about ways to deal with this in the article about Enforcement of a Divorce Agreement
Interested in ending your marriage in a dignified manner? – Read about GeeTaurus in divorce proceedings
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