Divorce Procedure - What is Important 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?
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Early legal advice
As a first step, you should seek legal advice from a lawyer specializing in Family law. The sooner you seek advice, the better the lawyer will assist you better., and present all your legal options. As part of the legal advice, you will receive guidance on how to behave around your spouse to better protect your interests. Are you undecided? Not sure if this is the time to divorce? seeking legal advice is the right step. An experienced lawyer will explain the procedure, the consequences, and the costs involved, so you can make an informed decision on how you would like to proceed. .
Divorce by consent
The most common misconception about divorce is that these proceedings always mean an expensive and lengthy legal battle, this isn’t always true. Many couples choose a consensual divorce, that is, instead of filing lawsuits against each other, they formulate an agreement on various matters and sign a divorce agreement which they are both satisfied with. In this regard,it should be noted that there is currently a mediation obligation (as part of a request for dispute resolution) before the parties can file lawsuits against each other.. Therefore, it is worthwhile to give a real opportunity for dialogue and end the marriage relationship with dignity, along with saving time and money. It should also be noted that a divorce agreement leaves all decisions in the hands of the spouses, and they therefore have legal certainty, which does not exist in the conduct of the proceedings in the courts, so it is not known how the court will rule.
Division of property
This issue has a tremendous impact on the couple’s lifestyle, so it is worthwhile for the parties to be aware of the nature before deciding on divorce. In the absence of a prenuptial agreement, the joint property will be divided between the spouses by way of balancing resources, that is, equally. The shared property is usually assets acquired after the marriage only.However, property purchased before marriage can also be considered joint property with proof of intent to share. For example, an apartment bought by one of the spouses before the marriage but used as the family residence may very well be considered joint property. are there financial gaps between the couple? If so, career assets may also be included. In addition, as previously stated, property purchased before marriage can also be considered joint property with proof of intent to share. Intention to share. For example, an apartment bought by one of the spouses before the marriage but used as the family residence may very well be considered joint property.
Custody of the children
When dealing with a divorce involving children, custody issues come into play. Custody matters can be very emotional and, in many cases, a profound disagreement between the spouses. Where does the law stand regarding custody matters? When the children are young, the presumption of young age applies, which states that the mother is granted custody of children up to the age of 6. . She will receive full custody of the children, and the father will be granted visiting arrangements. The only exception to the presumption of young age is an early agreement between spouses or if the mother is deemed unfit or unable to take responsibility for the children. The custody arrangement should be in the children’s best interests and per the parental capacity of each of the parties. After the custody issue is settled, you will need to file a petition for child support and child support.
Child Support
Similar to the issue of custody, here too, the age of the children is a significant factor. Until the age of 6, the father alone bears the obligation to pay child support. However, from the age of 6 and up, both parents bear the obligation to pay child support. What will be the share of each spouse in the payment of child support? This is determined by their time spent with the children (in percent) and by their income ratio. Due to the economic implications of the child support matter, couples often get into disputes in this matter. Still, in accordance with the new law, which established a precise formula for calculating child support, it seems simpler than before to formulate an agreement on this matter and avoid legal action.
