Request to settle a dispute
What is the Law for Settling Disputes in the Family?According to this law, before submitting a claim the prosecutor will be required to submit his request for a preliminary discussion in a forum for conciliatory action – Form 1.
What is the Law for Settling Disputes in the Family
According to this law, before submitting a claim the prosecutor will be required to submit his request for a preliminary discussion in a forum for conciliatory action – Form 1.
The couple are given forty five days (and another fifteen days after the end of the dispute settlement procedure). During this period one cannot submit a claim to the Rabbinical Court or to the Family Court, except for a few specified and extremely urgent matters.
Both parties must attend a couples counseling meeting with a special social worker, who will attempt to understand the dispute between the parties and to expose the parties to the possibilities avilable to them after divorce. According to the procedure rules, no attempt will be made in the first meeting to settle the dispute and find a solution.
In the next meeting, they will try to reach an agreement between the parties, and lawyers will be allowed to attend the session. According to the rules, in any case the parties will not sign any commitment before they have been given the opportunity to consult their lawyer.
After four sessions, which should be held within the forty five days following submission of the request, the parties will decide whether to submit a claim in the Rabbinical or the Family Court, or, maybe, they will consider mediation or agreement.
Do you need a lawyer?
In every case it is important to consult a lawyer before arbitration. Divorce is a very complex procedure, and even if you are prepared to consent to settle the dispute, it is important to consult a lawyer first. Any step you take now will impact years ahead. Everybody loves to agree, but it is important to be aware of the implications of the agreement. Any claim to change something in the agreement later will require proof that the circumstances have changed, and the chances of success are slim.
Arbitration rests on trust between the parties. Should such trust not exist, only an appeal for urgent treatment and a preliminary discussion in the Civil or Rabbinical Court can prevent the situation where one of the couple leaves the country never to return, or empties bank accounts and sells joint property.
One of the major mistakes of divorcing couples is entering the divorce procedure without deciding on a clear strategy and clear objectives, even in the case of agreement. Do not approach the submission of a request for arbitration before consulting a lawyer. Full stop.
Have you decided to divorce? You are invited to contact us for a consultation before taking any steps.