Divorce Proceedings: What You Need to Know Before You Begin

Are you considering getting a divorce? You probably know that getting a divorce can have serious, long-term effects, both emotionally and legally. What is essential to know before starting the process?

By Igal Mor, Adv. & Notary

Accuracy in Legal Advice. Excellence in legal support.

Early Legal Advice

As a first step, it is important to seek legal advice from an attorney who specializes in family law. The sooner you consult with a lawyer, the better positioned you will be to understand your rights and explore all available legal options.

During the consultation, your attorney will also guide you on how to conduct yourself around your spouse in order to protect your interests.

Not sure if divorce is right for you at this point? A legal consultation is still the right step. An experienced attorney will explain the process, potential outcomes, and costs involved, enabling you to make a well-informed decision about how to proceed.

Divorce by Consent

A common misconception about divorce is that it always leads to an expensive and drawn-out legal battle. In reality, many couples choose to pursue a consensual divorce — rather than filing lawsuits against each other, they negotiate and sign a mutually satisfactory divorce agreement.

It is worth noting that current Israeli law requires a mandatory mediation process (through a dispute resolution request) before either party can file a lawsuit. This makes it worthwhile to give genuine consideration to dialogue, and to end the marriage with dignity while saving time and money.

A divorce agreement also offers a significant advantage: it keeps all decisions in the hands of the spouses, providing legal certainty that does not exist when cases are decided by the courts.

Division of Marital Property

The division of marital property has a significant impact on each spouse’s financial future, and both parties should understand the legal framework before proceeding with a divorce.

In the absence of a prenuptial agreement, joint property is divided between the spouses through a process known as “balancing of resources” — essentially an equal division. Joint property generally includes assets acquired during the marriage. However, property purchased before the marriage may also be considered joint property if there is evidence of an intent to share. For example, an apartment purchased by one spouse before the marriage but used as the family home may be classified as joint property.

If there are significant financial disparities between the spouses, career assets may also be taken into account during the division process.

Child Custody

When children are involved, custody becomes one of the most sensitive and emotionally charged aspects of the divorce. Understanding the legal framework is essential.

Under Israeli law, the “tender years presumption” applies to young children, generally granting the mother custody of children under the age of six, while the father receives visitation rights. The only exceptions to this presumption are cases where the parents reach an early agreement, or where the mother is found unfit or unable to care for the children.

Custody arrangements must always prioritize the best interests of the children and take into account the parental capacity of each party. Once custody is resolved, a petition for child support must also be filed.

Child Support

As with custody, the children’s age plays a significant role in determining child support obligations. Until the age of six, the father bears sole responsibility for child support payments. From age six onward, both parents share the obligation.

Each parent’s share of child support is determined by two factors: the percentage of time spent with the children and each parent’s relative income. While child support can be a contentious issue, recent legal reforms have introduced a clear formula for calculating payments, making it easier for couples to reach an agreement without resorting to litigation.

The above is a brief overview of the key issues involved in divorce proceedings. It is important to understand that no two divorces are alike, and a divorce agreement is not a document that can simply be downloaded from the internet.

Divorce is a process of family restructuring with profound, long-lasting consequences. If you are considering a divorce, we strongly encourage you to contact us for a consultation. Together, we will examine all the implications and determine the right legal strategy for your situation.

Mor & Co.’s Family Law Department has extensive experience handling divorce cases. We combine sensitive, personalized service with the highest standards of legal professionalism — ensuring the most effective outcome for our clients.