To date, the family court system and the Chief Rabbinate batei din share equal authority in handling divorce cases pertaining to custody arrangements, division of property and child payments. Justice Minister Tzipi Livni is trying to change this, towards further eroding the jurisdiction of the batei din in divorce matters.

At present, the rule is generally that a divorce case is be adjudicated in the court in which the matter was first addressed. That is to say if the husband or wife first filed with the secular family court, the latter would handle everything with the exclusion of the actual get/writ of divorce, which goes to the beis din exclusively. If they first turned to the beis din, the latter would handle the entire matter. Livni seeks to change this too towards preventing the race between a husband and wife running to file the case ahead of the other. It appears that statistically speaking the men prefer turning to the beis din over the secular court.

Livni feels the race to file in court or beis din significantly increases animosity between divorcing couples and it is therefore a most unwanted reality. She adds the increased animosity is counterproductive regarding efforts for shalom bayis, counseling or advancing negotiating towards agreement. This reality she feels leads to significant psychological damage to the couple which then increases the trauma to the children involved and this complicates efforts to reach mutual agreement on custody matters.

The bill carries two main components which include: The other partner has 30 days to file with the family court after one of the couple filed with the beis din. This will empower the family court to address custody, property and payments. Despite her lofty explanation, the bill only works one way – that is to say if the filed with the family court first, the second party does not receive 30 days to file with the beis din as well. The bill is obviously intended to pull the cases from rabbinical adjudication to the secular judicial system.

The second major component is that in an effort to facilitate the divorce process, the couple will be compelled to file for assistance in resolving matters being disputed in a divorce. The couple will have to work with a professional arbitrator in the hope of reaching agreement and avoiding a difficult and expensive judicial process.

At the end of December 2013 a bill sponsored by MK (Yesh Atid) Dr. Aliza Lavi was approved by the Ministerial Law Committee. Livni has picked up the ball and appointed a professional team to draft the bill.

(YWN – Israel Desk, Jerusalem)