Tag: Divorce Agreements

Israel’s Divorce Revolution

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Agreements on Monday, July 25, 2016.

Israel passed a law that requires divorcing couples to first try to hammer out agreements through mediation before they can file divorce legal proceedings.

The new law is formally referred to as the “Resolution of Family Disputes Law”, and more commonly known as the “Divorce Revolution” and was enacted on Sunday.

Israel’s Justice Minister, Ayelet Shaked, pushed for the resolution, which aims to settle divorce cases in a peaceful and amicable manner. To this end, both parties will be given four mandatory mediation meetings free of charge.

I’ve written about foreign divorce dispute resolution attempts before. Mediation is another of the methods of alternative dispute resolution available to divorcing couples.

Mediation is essentially a negotiation facilitated by a neutral mediator, to resolve disputes. The mediator supervises, helps find common ground, deal with unrealistic expectations, and offer creative solutions.

Under Israel’s proposal, the first meeting will be held in a therapeutic environment without legal representation. The makeup of the remaining three meetings will be decided based on the initial meeting’s general atmosphere, in accordance with the mediation team’s assessment.

As long as the mediation meetings continue to be carried out amicably, the parties’ lawyers will not be asked to join in. If, however, legal matters arise or if either party requests their presence, they will be asked to take part in them. In cases of involving emergency relief, lawyers will be allowed to participate in all the mediation sessions.

Following the law’s enactment, Justice Minister Shaked issued a statement saying that:

“The new situation will offer an efficient alternative to litigation meetings over such sensitive and complex matters as family disputes. I am confident that this is what parents want most. At the end of the day, they continue to be their parents, even if they are no longer a couple.”

In Florida, most divorces are resolved through the mediation process, and it is usually ordered in most cases filed here. In some counties, it is required.

The Ynet article is available here.

Ending Mideast Conflicts: ‘Mediation Before Divorce’ Rule

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, May 19, 2016.

The Middle East is an unlikely place for amicable settlements, but Israel just enacted new laws to help couples create divorce agreements by requiring them to mediate before filing in court.

Ynet, an Israeli paper, discusses the regulations. The rules – which include both mediation and educational components – are a part of Israel’s Resolution of Family Disputes Law, and were suggested by Justice Minister Ayelet Shaked.

I’ve written about mediation in the past. Mediation is a process where a neutral, third person – called a mediator – encourages and facilitates resolving your case. Consider it an informal meeting in which the goal is to reach a voluntary agreement.

Under Israel’s new regulations, any married individual approaching divorce – who wishes to file a couple’s dispute claim – will first have to submit a request asking to resolve the conflict.

The request will then be directed to the court’s social services unit, which will invite both parties to participate in 4 mediatory sessions without lawyers.

As part of the mediation, couples will receive information on the mediation process itself and on the legal proceedings that await them in case they do not reach an agreement.

In addition, couples taking part in the mediation will learn about the possible impacts that ongoing disputes can have on any children involved, and are guided to reach an agreement concerning child support, custody and property division.

The meetings will be free of charge, with the mediators being civil servants, most of them lawyers or social workers.

During the mediation period, both parties will not be allowed to file claims against one another, apart from requests for temporary relief aimed at keeping the status quo or requests for emergency relief.

If both parties do not reach an agreement, whichever party had initiated the proceedings will be allowed to submit a claim to the relevant court to discuss the matter further, while being allowed to continue the mediation process if they so choose.

Any additional meetings beyond this point will come at a cost, though it has been agreed upon that it will not be high. The new regulations will be instated for three years, during which their efficiency will be examined.

As the Minister of Justice said:

We need to remember that parental disputes cause damage especially for the children, and that it is our duty to protect them.

The Ynet article can be found here.

Divorce Gambling: How to Best Hedge Your Bet

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, December 21, 2015.

A new startup will pay for your wedding. But there’s a catch: If you divorce, you pay them back with interest. Can you protect yourself from divorce?

According to Census Bureau statistics. Roughly 40% of first marriages in the United States end in divorce, nearly 66% of second marriages and 75% of third marriages are dissolved in court.

But there are a few options out there for those worried they’ll end up on the wrong side of those statistics.

Divorce Betting

Swanluv is a company that will fund your wedding. The cost of walking down the aisle surges. A survey of 16,000 brides by TheKnot.com, found that the average cost of a wedding was $31,213.

Swanluv reviews your relationship, and sets an interest rate based on your compatibility. Swanluv won’t directly profit from the breakup. Cash from divorces cover someone else’s future wedding. Swanluv plans to sell advertisements to generate revenue.

Divorce Insurance

SafeGuard Guaranty Corp., is selling one of the first world’s first divorce insurance product. Here’s how its WedLock product works.

The insurance provides cash for the legal proceedings, or the cost of a new apartment or house. It is sold in “units of protection.” Each unit costs $15.99 per month and provides $1,250 in coverage. So, if you bought 10 units, your initial coverage would be $12,500 and you’d be paying $15.99 per month for each of those units.

Prenuptial Agreements

Professionally, there is only one way to truly hedge your bet. Postnuptial and Prenuptial agreements are an issue I frequently write about. These kind of agreements protect your assets and income from a claim by your spouse in the event of death or divorce.

In the event of your death, even if you don’t make a provision in your will for your spouse, Florida law may give your spouse certain rights to a share of your estate.

If your premarital assets are significant, you can ensure that your spouse will share in it only as much as you wish should you divorce or die. This protects you and the inheritance of your children from a prior relationship.

Agreements protect your income earned during the marriage. For instance, without a prenuptial agreement, you could have to pay alimony to your ex-spouse. An agreement can set that amount – or eliminate it.

Danielle Paquette’s article on Swanluv can be found here.