To this day, when a couple finds themselves in a divorce dispute, they can file claims with the Family Court or the Rabbinical Court (and it is emphasized that a divorce claim can only be filed with the Rabbinical Court).
In about two months, the Law for the Settlement of Litigation in Family Disputes will come into force, the main innovation of which is the establishment of a waiting period for filing claims, during which the parties will be referred to a mediation center in order to try to resolve their disputes outside the walls of the court.
Since this is a new law, we have listed for you the main points in the law, which it is important for any couple considering divorce proceedings to be familiar with:
The order of operations according to the new law
1. A couple who is involved in a dispute can no longer immediately file a lawsuit with the court or the Family Court.
2. A party involved in a divorce dispute does not file a claim with the court/tribunal, but rather submits a request for litigation in court. The request will not include claims or facts regarding the dispute or jurisdiction, but should be on a specific form, which will be available at the court and in the court.
3. Within 45 days of submitting the application, 4 meetings are to be held at a center called the "Mehvat Center," where they will try to bring the parties to an agreement. These meetings are considered hearings, in all matters concerning the obligation to appear. During the meetings, the parties are to be heard, given information about what procedures they can take, and how they can resolve the conflict.
4. At the professional discretion of the assistance unit, the number of meetings may be reduced, and the 45-day period may be extended to 60 days.
5. With the approval of the unit only, an attorney may be brought to meetings, and when the law requires that he or she has knowledge and experience in the field of family and mediation.
6. The unit is authorized to determine temporary arrangements by agreement regarding alimony and visitation arrangements for the mediation period or to refer them to a specific entity for further settlement of the matter.
7. At the end of the meetings, the unit will make recommendations regarding the end of the conflict to the parties.
8. Each party should, within 10 days of the last meeting, notify whether they wish to continue with another mediation. In such a case, the center will refer them to another appropriate center to prepare an agreement.
9. If the parties have reached an agreement, the court/tribunal to which the application was submitted is authorized to give effect to this agreement as a judgment.
10. After the 45 days allotted for meetings have expired (and note that there is a possibility of extending the 45 days to 60 days), as well as the 10 days that the parties have to announce their position, you must wait an additional 15 days to file a claim, if the procedure did not end in agreement, or if you wish to continue mediation elsewhere.
11. If there is no settlement - the initial right to file a lawsuit is given to the party who filed the request, to the court he wishes, within 15 days. If 15 days have passed and he has not done so - the right passes to the other party.
What can be done even during the mediation and freeze period?
Section 3 of the law states that even during this period, either party may submit the following requests, without the need for specific approval:
1. Request to delay departure from the country.
2. Request for temporary relief to maintain the existing status quo.
3. Request for urgent temporary relief - the law stipulates that regulations will be established that will define what is considered such relief and what the methods of hearing it will be.
You can contact us with questions by email:
Nothing in this article is intended to replace individual legal advice, and each case must be examined on its own merits. Reliance on the information is the sole responsibility of the user.
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