Can a divorcing couple in Israel use arbitration to divide their property?

Spouses usually choose arbitration for privacy, speed or expertise, for example where the assets include a family business, stock options or real estate abroad that call for a specialist decision-maker. The arbitration agreement defines the issues, names the arbitrator, and often frees the arbitrator from the strict rules of evidence. After the award is made, either spouse can apply to confirm it, and the other can apply to set it aside on the limited grounds in Section 24 of the Arbitration Law, such as the lack of a valid agreement, denial of a fair opportunity to present the case, or an award contrary to public policy. The Family Court is the competent forum because the Family Courts Law 5755-1995 assigns it disputes between spouses.

The limits matter in practice. An award that also decides custody or fixes child support may be refused confirmation on those points, which leaves the couple to litigate them anyway. Before any claim is filed, the Settlement of Family Disputes Law 5775-2014 generally requires the spouses to attend mandatory information and coordination meetings, and an arbitration agreement reached at that stage can resolve the financial dispute early. Jewish couples should check whether either spouse has already filed a divorce claim in the Rabbinical Court that includes property, since parallel proceedings complicate the referral. A rabbinical court can also sit as an arbitrator if both spouses consent. The guide on mandatory divorce mediation in Israel explains the pre-filing process.

From the full guide: The Arbitration Process in Israel: Step by Step

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