Agreed Divorce Services — Professional Legal Guidance and Time Savings | Attorney Rosiel Amir

What are Consensual Divorces?

Consensual divorce is a legal process in which both spouses agree on all terms of separation — including division of assets, custody rights, child support and spousal support (if applicable), and any other matters related to separation. Unlike contested divorce, where the court decides the terms, in consensual divorce the parties control the final outcome.

When a couple decides to pursue a consensual divorce, they submit a written agreement to the family court (called a "divorce agreement" or "separation agreement") that details all conditions. If the court approves the agreement, a consensual divorce order is issued, and the separation is finalized.

Advantages of Consensual Divorce

• Savings on legal fees: A consensual process requires fewer court appearances, less litigation, and shorter court time compared to a contested case that may last months or years.
• Speed: Consensual divorce can be completed within a few weeks to several months, provided the parties agree reasonably and in accordance with the law.
• Preservation of relationships: When children are involved, consensual divorce allows parents to maintain more intact relationships, as the process is not adversarial.
• Privacy: Agreements are not exposed to the public like court judgments, and proceedings typically take place in closed courtrooms.
• Flexibility: Spouses can reach settlements tailored to their unique needs, rather than being limited to standard legal norms.
• Complete control: Each party knows in advance what the outcome will be — there are no surprises from an unexpected judgment.

When is Consensual Divorce Not Possible?

It is not always possible to reach an agreement. If one party refuses to cooperate, or if there is deep disagreement on essential issues (child custody, division of significant assets), a contested proceeding may be necessary. Additionally, in cases of domestic violence or neglect, the court may intervene by force.

Divorce by Mutual Agreement Process — Step by Step

When you contact a divorce attorney for mutual agreement, the process is typically structured and clear. Below are the main steps:

1. Initial Consultation

In the first meeting, the attorney listens to your story, understands your family situation, shared assets, children (if any), and your expectations from the divorce. At this stage, the attorney explains your rights, obligations, and all legal options available to you. The initial consultation with a professional law firm is often free or charged at a nominal fee.

2. Information Gathering and Documentation

To arrange a divorce by mutual agreement, you must collect essential documents: marriage certificates, children's birth certificates, mortgage payments, asset valuations, income statements, securities, bank accounts, and any document related to shared property. Your attorney will help you identify which documents are required.

3. Negotiation with the Other Party

Your attorney (or both parties' attorneys, if each has one) will begin negotiations with the other party. In many cases, both attorneys work together to reach a fair agreement for both sides. At this stage, discussions cover property division, alimony, custody, and any other issues.

4. Drafting the Divorce Agreement

When an agreement is reached, the attorney drafts a detailed divorce agreement that documents all terms. The agreement must be clear, legal, and valid. It includes: parties' details, marriage date, separation date, children's details, property division, custody rights and visitation, alimony, and any other matters discussed.

5. Signing Before Witnesses

The divorce agreement must be signed by both spouses in the presence of witnesses (usually in the presence of attorneys or before an authority). In some cases, a notary signature or court clerk's signature is also required.

6. Filing with the Court

After signing, the attorney files the request for divorce by mutual agreement with the Family Court. The request includes the divorce agreement, legal forms, and parties' details. Typically, the court reviews the agreement to ensure it is fair to both sides, especially if children are involved.

7. Court Approval and Divorce Order

If the court is satisfied with the agreement, it issues a divorce order by mutual agreement. This order is a final legal document that terminates the marriage. Thereafter, the divorce order can be submitted to the Population Authority to update the marital status.

8. Agreement Implementation

After the divorce order is issued, all terms must be executed — transfer of assets, payment of alimony, arrangement of custody, etc. The attorney can help ensure that all parties fulfill their obligations.

Property Division in Uncontested Divorce — What You Need to Know?

One of the central issues in drafting an uncontested divorce agreement is property division. In Israel, the Spouses Property Law (Division) defines how jointly owned property is divided upon divorce.

What is Considered Marital Property?

Marital property includes: a joint residence, vehicles, joint bank accounts, investments, pensions, a joint business, and any asset acquired during the marriage. Property acquired before the marriage or with a separate source (such as an inheritance or gift) may be considered personal property, but this depends on the circumstances.

Principles of Division by Agreement

In an uncontested divorce agreement, spouses can agree to a division different from what the court would impose. This means there can be much greater flexibility. For example, one spouse may receive the house in exchange for the other spouse receiving a business or savings. It is important that this division is fair to both parties and will withstand court review.

Spousal Support and Financial Maintenance

In addition to property division, a divorce agreement must address alimony — financial support from one party to the other, or to the children. Child support is typically a legal obligation, and the court reviews the agreement to ensure it covers the children's needs. Spousal support has greater discretion, but can also be part of a settlement agreement.

Custody and Visitation Rights

When there are children, a divorce agreement must define who will have custody (primary residence), and what the visitation rights of the other parent will be. Generally, the court prefers joint custody, but parents can agree to a different arrangement. It is important that this arrangement prioritizes the best interests of the children.

Costs of Uncontested Divorce

The cost of drafting an uncontested divorce varies depending on case complexity, scope of assets, number of children, and agreement between parties. Generally, these costs are lower than contested divorce proceedings, as the process is shorter and requires less litigation.

Cost Components

• Attorney Fees: An attorney typically charges an hourly rate or a fixed package fee for drafting an uncontested divorce. This cost depends on the attorney's experience, office location, and case complexity.
• Court Fees: The court charges fees for filing a divorce petition. These fees vary but are typically a fixed and known amount.
• Expert Fees (in complex cases): If asset appraisal, psychological evaluation, or financial consulting is required, these costs will be added.
• Translation Fees (if required): If foreign documents are involved, certified translation may be necessary.

Comparison: Uncontested Divorce Costs vs. Contested Divorce

Drafting an uncontested divorce is significantly cheaper than a contested divorce. In a contested case, an attorney may be involved for months or years, with multiple court appearances, witness examinations, and expert opinions. In an uncontested divorce, the process is short and direct. On average, an uncontested divorce may cost between several thousand to tens of thousands of shekels, while a contested case can reach hundreds of thousands.

When Should You Consult with a Divorce Attorney for Uncontested Divorce Drafting?

If you are considering divorce or are at the beginning of the process, it is important to consult with a divorce attorney as soon as possible. Even if your spouse has not yet agreed to an uncontested divorce, an attorney can help you understand your rights and options. Additionally, an attorney can assist in negotiating with your spouse, even if they have not retained their own attorney at this stage.

It is important to consult with an attorney before signing any agreement, as an incorrect or unfair agreement can harm you legally and financially in the long term. An attorney can ensure that the agreement protects your rights and obligations.