Understanding “Shalom Bayit” for Women in Israeli Divorce Proceedings

In the realm of divorce in Israel, the term “Shalom Bayit” holds significant importance for women seeking to navigate the complex process. “Shalom Bayit” refers to two distinct concepts: voluntary reconciliation through an agreement and court-ordered reconciliation. Let’s delve into these aspects and shed light on what women should know.

When a couple embarks on the path to divorce, it is not uncommon for them to experience a change of heart. Love, concerns for their children, or financial considerations might prompt a desire to salvage the relationship. In such cases, couples have the option to pursue a reconciliation agreement. However, it is crucial to understand the significance of signing a two-part agreement.

Known as “Heskem Shalom Bayit viLeChilufin Gerushin” in Hebrew, this agreement encompasses both reconciliation and an alternative divorce agreement. By adopting this approach, women ensure that if their attempts at reconciliation fail, the terms for divorce are clearly established, eliminating uncertainty and potential disputes down the road.

On the other hand, court-ordered reconciliation can be a more challenging situation for women. In the Rabbinic courts, one spouse may employ this tactic as a means of pressuring the other. By filing for “Shalom Bayit,” the court intervenes, mandating a period, typically around 90 days, during which divorce is prohibited. This effectively confines the couple to living together, intensifying the pressure to reconcile.

During this court-imposed reconciliation period, the disadvantaged party may face difficulties. If one spouse wants the other to vacate the shared residence, the court order prevents enforcement, leaving women feeling trapped. The resulting pressure can influence the agreements reached during this time, often leading to less favorable outcomes than if negotiations were conducted independently.

It is important to note that court-ordered reconciliation can introduce further strain and tension into the household, especially when coupled with the already challenging divorce process. Therefore, it is generally discouraged as a tactic by family law attorneys, given its adverse effects on both parties involved.

While the concept of “Shalom Bayit” supports the idea of reconciliation, it is crucial for women to prioritize their well-being. Seeking couples counseling before initiating divorce proceedings can offer valuable insights and assistance in making informed decisions.

Statistical data indicates that a notable percentage of couples who initiate divorce ultimately find their way back to each other. However, it is vital to remember the advice of experienced family law attorneys: “A couple that has filed for divorce may end up reconciling, but a couple where one party has filed for reconciliation will ultimately get divorced.”

In conclusion, understanding the dynamics of “Shalom Bayit” is crucial for women involved in Israeli divorce proceedings. By being aware of the implications of both voluntary reconciliation agreements and court-ordered reconciliation, women can make informed choices and prioritize their well-being throughout the challenging divorce process.

*Remember, you are not alone.  There are resources and support available to help you. Please reach out for help.

We are here to help and advise you.  Contact me Jay Hait Family Lawyer at 0733743094 or jay.hait@orcheidin.co.il 

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