Divorce by Mutual Consent: Process, Pros and Cons, Costs and Legal Aspects

Divorce by mutual consent is a separation process based on mutual understanding and cooperation between spouses, aimed at dissolving the marriage without legal battles. Within this framework, the spouses formulate a divorce agreement that regulates all essential matters, including property division, alimony, and child custody arrangements. To give the agreement the force of a binding court judgment, it must be approved by the Family Court or the Rabbinical Court.

Table of Contents:

• Divorce Process Options
• Mutual Consent Divorce Agreement
• Who Is This Relevant For
• The Mutual Consent Divorce Procedure
• Advantages and Disadvantages
• Cost of Mutual Consent Divorce
• Frequently Asked Questions

Divorce Process Options

There are two main types of couples in the separation process:

1. Spouses who are in conflict and fighting battles across various categories — finances, property, spousal alimony, child support, joint custody, child visitation schedules, parental alienation, and more.
2. Spouses who prefer the path of mutual consent divorce, in which they reach a consensus on the various issues between themselves. At the end of the process, the legal document agreed upon by both parties receives the force of a court judgment from the Family Court or the Rabbinical Court.

It is important to note that the path to divorce does not begin with a legal battle in court. Under the Law for the Settlement of Family Disputes, before filing claims regarding property, custody, or alimony, the parties are required to first submit a "dispute settlement request." This procedure requires the parties to attend several meetings at the court's support unit (MAHAT meetings), aimed at exploring the possibility of resolving disputes peacefully through mediation. Only if this procedure fails, and after the legally prescribed "stay of proceedings" period, may the parties proceed to conduct legal battles in court. The goal is to prevent unnecessary "rushing" into legal wars and to prefer dialogue and agreements over courtroom battles.

Mutual Consent Divorce Agreement

Mutual consent divorce is a joint procedure typically carried out with the assistance of a professional, such as a mutual consent divorce attorney or a mediator who specializes in this area. In the joint meetings, each spouse expresses their feelings and wishes regarding the way forward, and together they craft their agreement.

When there are no children involved, the procedure includes decisions about the division of property and finances between the spouses. If a signed prenuptial agreement exists, there is no need for new decisions, as the terms were already determined in advance in detail and precisely.

If the family has children, both parties will brainstorm the wording of the essential clauses, such as visitation schedules, alimony payments, fair division of property and finances, and more — all with full sensitivity so as not to harm the children's wellbeing and way of life.

Who Is This Relevant For

This procedure is suitable for couples who understand that they prefer to live separately. Nevertheless, they can continue to maintain normal, minimal relations even as separated parties. Their focus is on what is right for the children, and so they think together about the most appropriate separate paths that will serve as a natural continuation of the family's conduct, in line with what they established over their years together.

For this stage to succeed, they must be attentive to one another, speaking openly about each person's feelings, emotions, and wishes. In this way, with the professional's assistance, they will arrive at the most appropriate wording for the various clauses, tailored precisely to their needs.

The Mutual Consent Divorce Procedure

For the process to succeed, a sincere and genuine willingness is required from each party, and they will carry out the necessary steps together, one after another:

1. Opening a Mutual Consent Divorce File (Application for Mutual Consent Divorce)

A file is opened that includes an application for mutual consent divorce — this step is mandatory. It takes place within the MAHAT track of the courts' support unit. The goal is to find practical solutions through the mutual consent divorce procedure.

2. Selecting Accompanying Professionals

A divorce mediator or alternatively an experienced family law attorney is selected, one who is acceptable to both parties both in terms of expertise and in terms of fees charged. The aim is to minimize the costs of the family separation as much as possible.

3. Defining the New Family Unit

The spouses will describe the family dynamics that characterized the household until now, and will jointly consider steps to preserve that character.

4. Mutual Consent Divorce with Children: Setting Visitation Schedules and Dividing Parental Responsibility

The children's time with each parent is agreed upon:

• If joint custody is involved, the children will follow a fixed schedule with a set number of weekdays and alternating weekends with each parent. Additionally, schedules will be set for holidays, vacations, illness, and other occasions.
• Under this option, there are no payments from one spouse to the other, except in cases of significant income disparity.
• If the children will be in the primary custody of one parent, the other parent will visit the children for several hours on fixed days during the week, and on alternating weekends the children will go to the second parent's home.
• In addition, monthly amounts will be set for one spouse to pay the other to cover ongoing costs such as food, clothing, footwear, extracurricular activities, private tutoring, and more. The aim is for the receiving spouse's total income to enable them and their children to live at a standard of living equal to or close to the family's standard before the divorce.

5. Settling Financial Assets, Debts, and Pension Rights

Financial arrangements between the parties are agreed upon regarding the funds currently in the spouses' possession, or alternatively if they have joint debts. Additionally, future financial matters are addressed, such as the transfer of a portion of future pension funds to one spouse.

6. Division of Real Estate and Resource Equalization

If the spouses own an apartment or additional assets accumulated over the years, a decision is made as to whether one of them will continue living in the apartment, whether it will be sold, how the assets will be divided, what will happen with ongoing mortgage payments, and so on. At this point, an actuary enters the picture, assessing the real estate value of the assets and proposing several methods for fair division of property between the parties.

7. Housing Arrangements and Maintaining Environmental and Social Continuity for the Children

Whether one spouse leaves the home, both spouses leave, the apartment is sold, or they are renting, the preference is for future residences to be close to one another — in the same neighborhood and the same city. This avoids the need to transfer the children to different kindergartens or schools. The aim is to preserve the existing situation and the children's social ties with their friends as much as possible.

8. Settling Business Activities and Commercial Partnerships

If the spouses have a joint business or businesses, decisions are made regarding the nature of management going forward — whether both will remain in the business, whether one will leave, the entry of the next generation into the business, compensation, salaries, distribution of shares, profits, dividends, and more.

9. Approval of the Agreement and Granting It the Force of a Court Judgment

If this involves a mutual consent divorce between Jewish spouses, the couple must choose one authority to approve the agreement and grant it the force of a court judgment. If the agreement is approved by the Family Court, it is valid, and the couple will go to the Rabbinical Court only for the religious get ceremony.

10. Mutual Consent Divorce at the Rabbinate

If the submission is to the Rabbinical Court, which reviews the agreement according to Jewish law (Halacha), the next step is directly proceeding to the granting of a religious get.

Advantages and Disadvantages

The foundation of this essential procedure is cooperation and mutual understanding throughout the entire process.

It is important to understand that a mutual consent divorce agreement without children is considered a far simpler and more straightforward path than one that involves children.

Advantages of Mutual Consent Divorce

• Joint decision-making that is acceptable to both parties.
• The spouses themselves dictate the terms, not a judge or mediator.
• The role of the advisors is to open the parties' eyes and offer suggestions, but they will not be the ones making the actual decisions.
• The goal is to create a fair and equitable process.
• This path generates financial savings, as the total payments the spouses will make to the accompanying professionals will be relatively modest — compared to conflict situations in which attorneys charge very high fees.

Disadvantages of Mutual Consent Divorce

• Applicable to any divorce procedure.
• Sometimes, due to insufficient depth of thinking or failure to fully understand all the data, a situation may arise in which one party waives future financial entitlements.
• There is a concern that one party may have assets that they do not declare within the framework of the agreement.
• After the contract is signed, it is very difficult in both the short term and the long term to reopen it in order to correct mistakes or injustices made out of ignorance or in good faith.
• The agreement may be reopened by the same authority that approved it previously — the Rabbinical Court or the Family Court.

Cost of Mutual Consent Divorce

The financial cost of a mutual consent divorce is significantly lower than the price of conducting a legal battle in court, but it consists of three main components to take into account:

• Attorney or mediator fees — 7,000–20,000+ ILS
• Asset valuation by an appraiser and actuary (for division of pensions and social rights) — optional, 2,500–6,000+ ILS
• Court fees — approximately 1,000 ILS

Forms: can be found on the government website, mutual consent divorce form for download.

Frequently Asked Questions

Can the agreement be changed after it has received the force of a court judgment?

The agreement can be changed, but doing so requires proof of a "material change in circumstances" (such as a drastic change in income or new needs of the children). Generally, it is preferable to reach a new agreement and have it approved, rather than initiating an expensive and complex legal proceeding to annul an existing agreement.

Do we need two separate attorneys or can we make do with one?

Legally, it is possible to use one attorney who will draft the agreement for both of you as a "mediator" or as someone providing a technical service. However, it is advisable for each party to receive separate legal advice (even briefly) before signing, in order to ensure that their rights have been protected and that there are no "blind spots" in the agreement.

Can one change their mind after signing the agreement but before it is approved by the court?

As long as the agreement has not been approved by the court, it is considered an incomplete contract. A party who regrets signing can theoretically withdraw, but must take into account that the court examines the good faith of the parties. Once the agreement is approved and granted the force of a court judgment, it is very difficult to annul it.

How long does the process take from the moment the agreement is submitted until the get is granted?

This is the fastest procedure in the legal system. From the moment the application for approval of the agreement is submitted, a hearing is usually scheduled within a matter of weeks. After approval in the Family Court, a date is set for the get ceremony at the rabbinate — a process that can be completed within just one to two additional months.

The divorce period is a difficult time for the spouses, the children, and the extended family. For full guidance, it is important to enlist the help of a mediator or an experienced attorney in order to receive optimal direction and complete the process within a relatively short period of time.

The information in this article is general information only and does not constitute legal advice, a legal opinion, or a substitute for professional accompaniment. Mutual consent divorce procedures may vary from case to case, depending on personal circumstances, family structure, financial aspects, and the relevant legal issues. Therefore, before making any decisions or taking any steps, it is advisable to consult a family law attorney or a certified mediator for individual examination of the case and personalized advice.