The Knesset general assembly recently ratified a law allowing for the division of capital before the completion of divorce proceedings. This is meant to ease the process for women whose husbands are refusing to cooperate and serve them with a divorce (mesoravot get). The bill passed the second reading at the end of the summer assembly, but the final third reading and vote was postponed due to the opposition of Shas.
The bill, proposed by the Chairman of Mafdal, MKs Zvulun Orlev, Rabbi Michael Melchior and Otniel Shneller, will allow a division of the couples shared capital starting a year after the beginning of the divorce process.
MK Zvulun Orlev explained that “many men exploit the fact that they are in control of the majority of the couple’s mutual funds, and force women to choose between losing their money, and remaining mesoravot get. According to Orlev, the new laws are meant to prevent men from forcing women into forfeiting their share of the couple’s joint capital in order to reach a settlement. “In its current format”, explains Orlev, “the law stipulates that mutual capital is split on the termination of the marriage either by divorce or the death of one of the spouses, thus, providing an incentive for the delay of the divorce process.… The existing situation creates an opportunity for the more financially secure side of the dispute to pressure the less secure into an unfavorable agreement.… In light of these facts, it is imperative that changes are made and that the 'balance of funds' (the funds that the couple accumulated together during their years of marriage) is used to help mesoravot get reach favorable divorce settlements.”
Liora Minka, Chairperson of Emunah Israel congratulated Orlev on the passing of the law, and deemed it an “Important achievement for the women of Israel… The laws that were passed after their final reading settle the issue of the division of mutual capital in mesoravot get cases, and make the vital distinction between the financial settlement and the actual divorce…. This separation detracts greatly from the husband's ability to extort and make threats against a wife filing for a divorce.
Emunah, Minka stresses, took an important part in the passing of these laws and the organization considers them an important breakthrough in the struggle against husbands whom refuse to give their wives a get.
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