• Sentence

• family law

Consensual Divorce: The easiest, most efficient and cheapest way to divorce and benefit the whole family

What is a consensual divorce?

What are their benefits?

What are the challenges facing those seeking to divorce by consent?

Why is it advisable to have a consensual divorce through a lawyer who is also a mediator?

Instructions

Tags

• Divorce

Jewish attorney and mediator Shem Tov, in collaboration with Zap Mishpati

Monday, 15 March 2021, 16:50 Updated: 16:58

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email

It's never easy, but there are different ways to divorce (Photo: ShutterStock)

When entering into separation and divorce proceedings, it is advisable to think a few steps ahead, in order to avoid as much as possible the management of a long legal dispute in the courts, and reach joint agreements regarding all aspects of the divorce agreement.

Consensual divorce, with all the emotional difficulty of reaching an agreement with those who are just separated, reduces hostility between the divorcing spouses, allows them to continue to manage the parental relationship optimally, and helps reduce children's involvement in their parents' conflict and separation.

What is a consensual divorce?

In a standard divorce proceeding each spouse hires a lawyer (or a rabbinical claimant) to represent him or her in court (or in the rabbinical court).

After a number of hearings, which are usually based on a fight between the two parties, the court decides and determines the terms of the divorce, including the division of property and the manner of caring for the children.

Consensual divorce, on the other hand, is based on cooperation between the divorcees.

The divorce agreement is drawn up in advance by the couple, with the help of professionals, who work for the benefit of a good and fair agreement for both of them as much as possible.

Only after the wording of the agreement do the couple apply to the court to approve it.

Why is a consensual divorce easier, faster and cheaper?

In a consensual divorce the process can proceed at the pace set by the spouses and does not depend on the slow schedule of the bureaucratic system (courts or rabbinical courts).

There is more room for flexibility and drafting a contract that is tailored exactly to the dimensions of the divorcees and the process can be more relaxed.

When anger and frustration are not fueled in a legal battle, there is less tension during the negotiation of the agreement, and less precipitation remains at the end of the procedure.

Finally, it is possible to enlist the help of one lawyer who will draft the agreement for both parties and thus save the fees of another professional.

Why is it not always easy to have a consensual divorce after all?

The process of consensual divorce should be approached with a deep and sincere commitment to conduct the dialogue and reach understandings, despite the separation crisis.

Divorce and separation flood hard feelings of disappointment, insult, anger and frustration.

And despite all this baggage, one should choose not to be considerate, to acknowledge the needs and desires of the other party, and to see the good of the children.

It is not easy, and the couple is not always ready for such a process.

Stress from the environment, from people accustomed to divorce struggles, can also make it difficult for the couple to dedicate themselves to the process of consensual divorce dialogue.

What are the issues to be agreed upon?

There are three main areas on which an agreement must be reached:

1. Separation - Both spouses must agree to separate.

2. Division of property - they must decide how the property, money and joint debts will be divided.

3. The children - how the time of the children will be divided between the parents, what will be the meeting arrangements, the children's accommodation, as well as decisions in principle regarding education, health and the like.

In addition, the payment of alimony and the amount of alimony must be agreed upon.

Agreements must be reached, otherwise all parties suffer (Photo: ShutterStock)

What are the factors that may make it difficult to reach agreements on any of these issues?

First, if one of the spouses is not interested in separation, it is difficult to enter into a consensual divorce proceeding, as he or she will experience constant opposition to the entire proceeding.

Meanwhile, the division of property, which is a very sensitive matter, affecting the economic future of each of the parties for many years, is one of the main "mines" even in consensual divorce proceedings.

At the time of separation, many of us are in financially complex situations.

For example, a woman who has set up a successful and profitable business, while her partner has given up a successful career to be more at home for the children.

Should the business be divided between them?

Should the property purchased at business profits be divided equally?

The issue of children is also a sensitive issue.

During the years of marriage, child care is not evenly distributed between the spouses, for the most part.

Is the spouse who has spent more time with the children entitled to enjoy more time with them even after the divorce?

Is he entitled to more weight in principled decisions about them?

These are fateful questions that are a challenge to consider when seeking a consensual divorce.

How can the difficulties in reaching agreements on these issues be overcome?

In order to be able to overcome these obstacles and others, it is important to arrive at the process of drafting the agreement with a lot of patience and put as little pressure as possible on the other party.

It is important to adopt an open and tolerant approach, listen to the other side and know how to compromise with it.

Equally important, you need to know how to organize your priorities and choose where you are flexible and where you insist.

How can a lawyer who is also a mediator help overcome the challenges of consensual divorce?

Consensual divorce is a process of building mutual agreements, while drafting a legally valid agreement.

A lawyer who is also a mediator is a person skilled in managing and guiding the sensitive process, which requires resolving disputes, while also being a legal expert with the appropriate skills to draft the agreement so that he can make sure it is fair for both parties.

Jewish lawyer and mediator Shem Tov specializes in managing divorce proceedings by consent

Phone: 053-9429201

Article courtesy of Zap Legal The

information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

• Share on Facebook

• Share on WhatsApp

• Share on general

• Share on general

• Share on Twitter

• Share on Email