Family law cases in Israel, especially those involving divorce, custody, and other financial disputes, can be very complex, demanding, and nothing less emotionally draining. Both men and women are affected by such cases, but women tend more often to seek any possible advantage to protect their rights, finances, and the well-being of their children. Not so many things can be done to gain an advantage in family law cases, but one small step can turn out to be crucial – to file first in a family law case in a family or rabbinical court.
Choosing Between Rabbinical Court or Family Court
Israel’s family law system operates under a unique dual court system. Family matters, particularly those involving divorce, can be handled by civil or religious rabbinical courts. The forum where the case is filed first often holds jurisdiction over crucial elements of the case, which can significantly impact the outcome.
Rabbinical Court (Beit Din): In Israel, Jewish couples are required to undergo religious divorce (a “get”) in the rabbinical court. The Rabbinical court follows Jewish law (halacha), which can sometimes be less favorable for women, particularly in matters related to financial settlements and custody.
Family Court: Family courts in Israel apply civil law and often take a more balanced, secular approach when handling divorce cases, custody, and financial disputes.
The advantage of filing first becomes immediately clear in this context. Women who file first may choose the court that is likely to be more favorable to their case. For instance, if a woman is concerned that the Rabbinical court might not be equitable in financial matters, she may prefer to file in the family court, securing its jurisdiction over issues like property division, spousal support, and child custody.
However, this only applies to non-Jewish and mixed couples. Jewish couples must go to the Rabbinical court to process their divorce.
Securing the Status Quo for Custody and Visitation
Another critical advantage of filing first, especially for mothers, is that it allows them to establish the status quo regarding child custody, visitation rights, and living arrangements. In family law cases, Israeli courts often prioritize the child’s current living situation when making custody decisions. By filing first, a mother can petition the court for temporary orders regarding child custody, potentially establishing herself as the primary caregiver from the outset.
Temporary orders that define the child’s routine, including schooling and parental contact, often set the foundation for final custody decisions. Courts in Israel tend to maintain stability for the child, so filing first can give the mother a significant advantage in custody disputes. It also enables her to argue that maintaining the current arrangement, which she initiated, serves the child’s best interests.
Financial Advantages: Division of Property and Spousal Support
Divorce cases often involve disputes over financial assets, such as property, savings, pensions, and business holdings. Filing first allows a woman to be proactive in protecting her financial interests. In Israeli family law, the equitable division of marital assets is based on the principle that assets accumulated during the marriage should be split equally, but the specifics can vary depending on the court’s interpretation.
Disclosure of Assets: When filing first, a woman can request full financial disclosure from her spouse, ensuring that hidden assets or financial discrepancies come to light early in the process.
Preemptive Financial Protection: Filing first allows women to secure temporary financial orders, including spousal support (alimony) and child support. These temporary orders can ensure financial security throughout the divorce proceedings and may influence the final ruling.
In cases where a husband controls most of the family’s finances, filing first helps a woman take control of the financial narrative and prevent dissipation or hiding of assets.
Psychological Advantage: Setting the Tone of the Case
Filing first in a family law case can also provide a psychological edge. It allows a woman to set the tone and direction of the proceedings, framing the narrative of the case to her advantage. In Israeli courts, the way issues are presented can significantly impact how judges perceive the situation.
By initiating the case, a woman can articulate her concerns regarding custody, finances, and the division of assets clearly and assertively. It can also give her a sense of empowerment and control over the process, which is often crucial in emotionally charged situations. This psychological advantage may not only affect the legal process but also how negotiations and settlement discussions unfold.
Avoiding a Race to the Courts: The Importance of Being Proactive
Family law cases in Israel can sometimes become a race to the courts, particularly when there is a significant disparity in the spouses’ preferences. This is especially true when there are clear advantages to litigating in one court over the other. By filing first, a woman can avoid the risk of being “scooped” by her spouse and forced into a less favorable court, such as the Rabbinical court.
Being proactive and initiating legal proceedings allows women to control the pace and direction of the case. It also prevents being caught off guard by sudden legal action initiated by the husband, which can be emotionally destabilizing and legally disadvantageous.
Protecting Against “Get” Refusal
One of the most difficult aspects of divorce for Jewish women in Israel is the issue of “Get” refusal. A Jewish divorce requires the husband to grant a get (religious divorce), and in some cases, men may refuse to do so, effectively trapping their wives in the marriage. This form of domestic abuse is a critical issue in Israeli society.
By filing first and initiating the civil aspects of the divorce, women can apply legal pressure on their husbands to grant the get. The civil courts and Rabbinical courts can impose sanctions on men who refuse to grant a get, but initiating the process and documenting the refusal early can help build a stronger case. Filing first ensures that a woman is not left powerless in the face of potential get refusal.
Legal Representation and Strategy
Finally, filing first allows women to secure legal representation before their spouse has the chance to retain key lawyers. Israeli family law is a highly specialized field, and securing experienced legal counsel is crucial. Filing first gives women the opportunity to consult with a lawyer, develop a legal strategy, and present their case in the most favorable light from the very beginning. It also enables them to set the schedule for hearings, temporary orders, and the discovery process, giving them a logistical advantage.
Conclusion
In summary, filing first in a family law case in Israel offers several important advantages for women. From choosing the forum and setting the custody status quo to protecting financial interests and securing legal representation, being the first to file can give women the upper hand in divorce and custody proceedings. Given the emotional and legal complexities of family law cases, taking proactive steps to file first can provide women with a stronger foundation to protect their rights, their children, and their future.
