Hait Family Law

Mediation

Divorces can occur for a variety of reasons, you have to remember that divorce in Israel is different than in any other country in the world due to the unique structure of the court system, which has both civil and religious courts.

Certain aspects of a divorce, including custody, child support, and the division of assets, can be handled by either the Family Court or the religious courts. However, your personal law determines which religious court has jurisdiction over the official dissolution of your marriage. For example, in Israel, a Jewish couple must file for divorce within the Rabbinical Court. If you do not have a religious affiliation or your religion is not recognized by the state, you may seek a divorce through the Family Court system.

What Happens If the Courts Decide? 

You can allow the Family Court or The Rabbinical Court to fully determine the terms of your divorce, but this can be a lengthy and expensive process, and there is no guarantee that you will be satisfied with the court’s decisions.

The skilled services of a divorce mediation lawyer can help you remove some of the uncertainty from the process of determining child custody, child support and the division of assets. By negotiating part or all of your divorce agreement outside of court, you keep more control over the end result and may be able to avoid some of the hard feelings that can occur in a drawn-out legal battle.

What are the benefits of a mediated agreement?

Amicable Resolution

Skilled mediators help navigate all aspects of your divorce in the most amicable way possible, reducing bitterness and long-lasting disagreements.

Time and Cost Efficiency

Mediation is typically faster and less expensive than going through the court system, saving you time and money.

Customizable Agreements

Mediation allows you to create a plan that fits your unique situation, not strictly bound by court rules. For example, you can negotiate spousal maintenance (alimony) even if Israeli courts don’t usually award it.

Effective Co-Parenting

Mediators facilitate better communication and cooperation between parents, crucial for those who need to co-parent children or manage joint business interests.

Retention of Sentimental Assets

Mediation helps ensure you retain possession of properties or assets that hold sentimental importance to you.

Fair Treatment

An experienced divorce mediation lawyer ensures you are treated fairly in the divorce process and that your agreement stands up to court scrutiny.

Legal Validity

Mediators help ensure your agreement is legally valid by obtaining the necessary court approval.

Can I change my mind after starting mediation?

Divorce is a serious choice that requires careful consideration. Sometimes problems can arise in a marriage that appear insurmountable, and you feel your only option is to end the relationship. But in some cases, while negotiating the terms of your divorce through mediation, you may be able to reach agreements on issues that have been causing friction. If this happens in your case, you are always free to withdraw your suit and stop the divorce proceedings.

At this point, everything goes back to the way it was before the divorce discussion began. However, some documents that you might consider creating that could help stabilize your relationship going forward include the following:

A Postnuptial Agreement

This agreement is similar to a prenuptial agreement, except it is made after your marriage. It is a binding document that outlines what would happen in the event of a divorce regarding the division of property and other topics.

A “Reconciliation or in the Alternative” Agreement

This document, which is filed with the court, describes the terms that each partner must meet to continue the marriage. It also contains your divorce agreement in the event that the reconciliation does not work out. This can be a valuable tool for working out differences because it clearly sets expectations and allows both parties to understand the full scope of the consequences if they cannot make the marriage work.

Get legal guidance

Divorce proceedings can be painful and emotionally charged, leading to long-lasting disagreements. Court divorces are often lengthy, expensive, and exhausting. For couples with children or joint business interests, ongoing communication is essential.

Skilled divorce mediators help navigate the process amicably, enabling you to move forward and co-parent effectively. Mediated divorce agreements offer the flexibility to create personalized plans, unlike court-imposed solutions. For instance, while Israeli courts typically don’t award spousal maintenance, you can negotiate it in mediation.

Mediation ensures you retain sentimental assets and are treated fairly. An experienced divorce mediation lawyer is crucial to ensure your agreement stands up in court and is legally valid. Without the court’s approval, your agreement is not legally valid.

Contact Hait Family Law for expert legal advice on mediation.

To speak with a knowledgeable divorce mediation attorney, contact us today to schedule a call and find out how we can assist you.

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