Contested Divorce Procedure | Attorney Rozil Amir

What is a Consensual Divorce Procedure?

A consensual divorce procedure (also known as 'divorce by agreement' or 'agreed divorce') is a legal process in which both spouses agree on all terms of their separation in advance — including property division, alimony, child custody (if applicable), and any other family matter. Unlike contested divorce proceedings, in which a court decides the terms of separation, in a consensual procedure you control both the outcome and the process itself.

This is the most preferred pathway for divorce in Israel when there is mutual desire to separate peacefully. This procedure preserves privacy, reduces significant legal expenses, and saves the time and emotional trauma that often accompanies contested divorces.

Why Choose a Consensual Divorce Procedure?

When both spouses wish to separate in a manner that respects both parties, a consensual divorce procedure offers substantial advantages:

• Savings on legal costs: In an agreed procedure, you typically pay only for attorney work hours, without investigation costs, witnesses, or prolonged litigation. Expenses are significantly lower compared to contested divorces.
• Speed of the process: An agreed procedure can be completed within weeks to several months, compared to years of contested litigation. This depends on court procedural costs and the speed of case handling.
• Shared control: You set the terms, not the court. This enables creative and personalized solutions that may be better for both parties than a decision imposed upon them.
• Complete privacy: Court proceedings are public (with exceptions in family matters). In an agreed procedure, details are kept in absolute confidentiality between the parties and their legal representatives.
• Protection of children: Children suffer less when their parents conduct the separation peacefully and with mutual agreement, especially regarding custody and access rights.
• Preservation of relationships: If continued communication is necessary (due to children or shared business interests), an agreed procedure maintains a less adversarial relationship than contested litigation.

Steps of Divorce Proceedings with Agreement

Divorce proceedings with agreement in Israel follow a clear and established procedural order set by law. Understanding the steps helps you prepare and plan the process efficiently:

Step 1: Initial Agreement and Legal Representation

The first step is that both spouses agree that they wish to separate and intend to do so through mutual agreement. Subsequently, each of them (or both together) retains an experienced family law attorney. The attorney helps each party understand their rights and obligations, and begins to guide the settlement negotiations.

Step 2: Negotiation on Terms of Separation

Both spouses (usually with the assistance of their attorneys, or sometimes through a mediator) discuss and exchange information on all aspects of the separation:

• Division of Assets: Real estate, personal property, savings, investments, debts, and any additional assets.
• Spousal Support (Alimony): Whether one party needs to support the other after separation, and in what amount.
• Child Custody and Visitation Rights: With whom the children will reside, and who will have visitation rights.
• Education and Medical Expenses: How these costs will be divided between the parents.
• Other Matters: Life insurance, pensions, vehicle registration, and more.

Step 3: Preparation of Divorce Agreement (Financial Agreement)

After both spouses agree on all matters, the attorney (usually the attorney of one party, or both working together) prepares a formal legal document called a 'Divorce Agreement' or 'Financial Agreement'. This document details all the agreed-upon terms and must be legally valid in order to be enforceable in court.

Step 4: Court Approval (Filing the Petition)

After the divorce agreement is signed by both spouses, the attorney files a divorce petition with the Family Court (or rabbinical court, depending on circumstances). The petition includes the agreed-upon divorce agreement. At this stage, the court examines whether the divorce agreement is fair and legally valid, and ensures that no harm has been done to either party (especially to the children).

Step 5: Court Hearing and Court Order

Typically, in a settlement proceeding, the court hearing is very brief. Both spouses (or their attorneys) appear before the judge, who confirms that they agree on all terms. The judge may ask questions to ensure there was no coercion or fraud, and that this agreement is truly mutually agreed upon. Subsequently, the judge issues a court order confirming the divorce and setting all terms as agreed.

Step 6: Implementation of the Agreement

After the court order is issued, both spouses are obligated to implement the terms as set forth in the agreement. This includes transfer of assets, payment of spousal support, and updating arrangements regarding the children if necessary. Your attorney can help guide this process and prepare additional documents if required (such as asset transfer documents).