Divorce is an emotionally and legally challenging process that requires careful planning and informed decision-making. In Israel, the divorce process can be complex due to the involvement of civil and religious courts and the country’s unique legal framework. If you are going through or contemplating a divorce, it is critical to be aware of your rights and take steps to protect them throughout the process.
This blog outlines essential tips for protecting your rights during a divorce in Israel, covering areas such as choosing the right legal forum, safeguarding your financial assets, ensuring fair custody arrangements, and managing alimony and child support.
Understand the Legal System in Israel
Divorce in Israel is governed by two parallel legal systems: civil family courts and religious courts (specifically, rabbinical courts for Jewish couples). Each court has jurisdiction over different aspects of the divorce, so understanding the distinctions between these courts is key to protecting your rights.
– Rabbinical Courts: Jewish couples must obtain a religious divorce, known as a get, through the rabbinical courts. These courts handle issues such as the actual dissolution of the marriage, as well as any disputes related to religious aspects of the marriage.
– Civil Family Courts: Civil family courts handle matters such as child custody, child support, property division, and alimony. For non-Jewish couples or those from other religious backgrounds, divorce proceedings may be conducted through religious courts specific to their community.
In some cases, there can be a “race to the courthouse” as both civil and rabbinical courts have jurisdiction over certain matters, and where a case is first filed can influence how issues are decided. It’s important to strategically file in the court most favorable to your interests.
Choose the Right Legal Forum for Your Case
Choosing whether to file your case in a civil family court or the rabbinical court can have a significant impact on the outcome of your divorce, particularly in matters such as property division and spousal support.
– Property Division: Rabbinical courts often lean more conservatively regarding property division. Civil family courts, on the other hand, follow more modern interpretations of equality in the distribution of marital property. Israeli law generally follows the principle of community property, which means assets acquired during the marriage are divided equally between both spouses, but the specifics can vary depending on the court.
– Alimony (Spousal Support): Rabbinical courts may follow more traditional religious principles when determining spousal support, while civil courts focus on financial equity and modern legal frameworks.
To protect your rights, consult with a family law firm attorney who understands both civil and rabbinical law. They can help you make an informed decision on where to file your case and how to proceed in a way that benefits your interests.
Safeguard Your Financial Assets
Divorce often involves the division of marital assets and debts, which can include properties, bank accounts, investments, businesses, and even pensions. Protecting your financial interests during a divorce requires careful attention to the following areas:
Identify and Value All Assets
One of the first steps in protecting your financial rights is identifying all assets owned by both spouses, whether jointly or individually. Make sure to include everything from real estate to retirement accounts, business interests, and personal belongings of significant value.
Additionally, it’s crucial to establish the accurate value of these assets, which may require professional appraisals. Discrepancies in asset valuation can lead to an unfair division of property, so working with experts to determine the true value of assets is vital.
Watch for Hidden Assets
Unfortunately, some spouses attempt to hide assets to prevent them from being divided in the divorce. To protect your rights, stay vigilant and work with your attorney to investigate any suspicious financial behavior, such as transferring money to undisclosed accounts or making large purchases without explanation. You may need to enlist the help of a forensic accountant to uncover hidden assets.
Secure Joint Accounts
If you have joint bank accounts or credit cards with your spouse, it is important to take steps to protect your financial stability during the divorce. Consider closing joint accounts or limiting access to prevent your spouse from depleting shared resources. Consulting with your lawyer before taking such actions is essential to ensure compliance with legal requirements.
Know Your Rights to Child Custody and Support
Child custody is one of the most emotionally charged aspects of a divorce, and it’s crucial to know your rights and responsibilities as a parent. In Israel, courts prioritize the best interests of the child, and both parents typically share responsibility for the child’s welfare.
Types of Custody Arrangements
In Israel, there are two main types of custody arrangements:
– Physical Custody: Refers to where the child will live most of the time.
– Legal Custody: Involves decision-making authority over major aspects of the child’s life, such as education, health care, and religious upbringing.
It is common for courts to favor joint legal custody, where both parents share decision-making responsibilities. Physical custody, however, may be granted to one parent with the other parent receiving visitation rights, or it may be shared through a joint custody arrangement.
Child Support
Israeli law requires both parents to contribute to the financial support of their children. The amount of child support is determined based on factors such as the income of both parents, the needs of the child, and the custody arrangement.
To protect your rights, ensure that any child support agreement is fair and adequately provides for your child’s needs. If your financial situation or your child’s needs change over time, you may be able to request a modification of the child support agreement through the courts.
Understand Your Rights to Alimony
Alimony, or spousal support, may be awarded to one spouse if they are financially dependent on the other. The purpose of alimony is to ensure that both parties can maintain a reasonable standard of living after the divorce.
In determining whether to award alimony, Israeli courts consider factors such as:
– The length of the marriage.
– The financial resources and earning capacity of both spouses.
– The standard of living during the marriage.
– The contribution of each spouse to the marriage (e.g., homemaking, childcare, etc.).
To protect your rights, it’s important to gather evidence that demonstrates your financial needs and contributions to the marriage. Similarly, if you are the spouse who may be required to pay alimony, it is essential to provide an accurate picture of your financial situation to ensure a fair assessment.
Prepare for Mediation or Negotiation
Divorce cases in Israel often involve mediation or negotiation between spouses to reach an amicable settlement. Mediation is encouraged by the courts as a way to resolve disputes without the need for prolonged litigation, saving time, money, and emotional stress.
During mediation, both parties and their attorneys meet with a neutral mediator to discuss key issues such as child custody, asset division, and alimony. The mediator helps facilitate productive discussions and guides both parties toward a mutually agreeable solution.
To protect your rights during mediation:
– Be prepared with a clear understanding of your legal rights and priorities.
– Stay focused on long-term goals rather than getting bogged down in emotional conflicts.
– Be willing to compromise on less important matters while standing firm on critical issues.
Work with an Experienced Attorney
Divorce is a complex legal process, and having the right legal representation is essential for protecting your rights. A family law attorney with experience in both civil and religious divorce proceedings in Israel can provide invaluable guidance throughout the process. They can help you:
– Navigate the legal system and choose the best court for your case.
– Advocate for your financial and parental rights.
– Negotiate favorable settlements in mediation or court.
By working with a knowledgeable attorney, you can ensure that your rights are upheld and that you are fully prepared to handle any challenges that arise during the divorce process.
Conclusion
Divorce in Israel presents many legal complexities, but by understanding your rights and taking proactive steps, you can protect your interests and secure a fair outcome. From choosing the right legal forum to safeguarding your financial assets and ensuring fair custody arrangements, the key to successfully navigating a divorce lies in careful planning and informed decision-making. Working with an experienced family law attorney can help you effectively manage the process and protect your rights throughout.
