In July 2016, Israel’s “Obligatory Divorce Mediation” law brought notable changes to the divorce process. Here, I will explain to you the basic important information you need to know about this law.
The Process
- Filing a Request: One spouse (Spouse A) files a “Bakasha LiYashev Sichsuch” with the Family Court or Rabbinic Court, notifying them of the dispute with Spouse B. This triggers a 60-day freeze period, during which no lawsuits can be filed, except for emergencies.
- Initial Meeting: Both spouses attend an initial meeting with a court-appointed social worker. The social worker assesses the situation and provides recommendations, which may include further meetings, marital therapy, mediation, or proceeding with divorce through the courts. These initial meetings are free, but consultations with other professionals may incur fees. Attorneys do not attend the first meeting but can communicate with clients by phone. If more meetings with the social worker are needed, attorneys may attend.
Remember, if you have difficulties with Hebrew ask for a social worker who speaks and understands English. - Post-Mediation Period: After 60 days (or a mutually agreed extension), Spouse A can file lawsuits within a 15-day window.
Conclusion
The “Obligatory Divorce Mediation” law was designed to simplify the divorce process in Israel. While it offers a path for mediation, couples who can resolve issues independently find it less beneficial, and those unable to reach agreements see little impact. Improvements and reforms are necessary to make the law more effective in promoting successful mediation outcomes in divorce cases.
