Yashar Initiative

Provide free mediation to assist couples dealing with marital conflict to minimize contention and work towards a peaceful resolution. If necessary, we have access to referral sources to locate appropriate therapists required for proper intervention. Our skilled mediators will also negotiate terms of temporary separation agreements and permanent divorce agreements. Once terms are agreed upon, we work with a variety of attorneys to draft and file the civil divorce as well as working with numerous Botei Din to arrange the giving of the Geht.

Our motto is Sholom Bayis or Sholom divorce, just do it peacefully. Minimizing contentious divorce through mediation as opposed to either Bais Din or court, saves much money, aggravation, time and most importantly the tremendous collateral damage to the children and the extended family.

1. The Gedolei Yisroel endorsed Prenuptial Agreement establishes a forum to address marital conflict for a Jewish family in a healthy environment under the guidelines of Halacha. The agreement is signed before the wedding but, according to HaRav Elyashav ztz”l, it should not be signed on the day of the wedding.
2. When signing the Gedolei Yisroel endorsed Prenuptial Agreement a specific Bais Din is designated. If marital conflict arises, the designated Bais Din must, within two (2) weeks of request by either party, assess the viability of Shalom Bayis. Additionally, at the first session the Bais Din must address maintaining the financial viability of the household, thus minimizing the conflict that currently destroys any hope of Shalom Bayis.
3. Currently, when marital conflict arises, the process of agreeing on a venue whether Bais Din, secular court or Zabla takes many months and oftentimes years. The pain and damage done during this time period would be eliminated.
4. The Zabla option with all of its inherent conflict is waived.
5. Protocols for the religious observance of any future children are specified in the Gedolei Yisroel endorsed Prenuptial Agreement to avoid potential conflict if one parent is no longer observant at the time marital difficulties arise.
6. Toanim who appear before the Bais Din must follow proper and ethical etiquette or they will be barred from further appearances.
7. The financial costs that arise due to non-compliance with the directives of the Bais Din including the fees and costs of toanim, lawyers, etc., can be awarded by the Bais Din and are enforceable in a secular court.
8. The  Gedolei Yisroel endorsed Prenuptial  Agreement specifies mechanisms for choosing a replacement Bais Din if a situation warrants it.
9. The agreement was established to greatly reduce the current lengthy timeframes of divorce proceedings. Many of the delay tactics are addressed and will undoubtedly minimize the time, pain and damage caused under current situations. 

Divorce is painful for all those involved. If a marriage deteriorates beyond repair the “Gedolei Yisroel endorsed Prenuptial Agreement between Chosson and Kallah” (the “Agreement”) provides a clearly defined path to streamline the divorce process, and reduce the parents’ and children’s pain and suffering. 

Some of the highlights of the Agreement are as follows:

1. A specific Beth Din is designated to oversee the separation/divorce process (par. 1).
2. Attorneys and toanim must follow Protocols for Professional Conduct before Beth Din (par. 2).
3. Beth Din will determine whether Shalom Bayis (reconciliation between the husband and wife) is a viable option (par. 6).
4. The parties agree to Protocols of Kosher Home and Sabbath Observance in Custody Matters (i.e., that their children will continue to be raised in a Kosher and Sabbath observant home (par. 8).
5. Beth Din will replace, within 30 days, any dayan unable or unwilling to serve on its panel (par. 14).
6. Beth Din will schedule the initial Beth Din session within approximately 2 weeks of request by either party (par. 15).
7. Within its first session, Beth Din will set an interim payment amount as is necessary for the continuation of the household, and for the children to continue to attend yeshivos (par. 16).
8. Beth Din may continue to hear testimony, consider evidence and arguments and arrive at temporary decisions in the absence of a defaulting party who refuses to appear before Beth Din (par. 19).
9. Beth Din must record all proceedings at its sessions (par. 25).
10. Beth Din’s award may not be appealed, but the award may be submitted to a court of law for enforcement (par. 27).
11. Except for the Beth Din fees, which are split evenly among the parties, the defaulting party shall pay all fees necessary to enforce the rulings of Beth Din (par. 31).
12. The parties agree not to resort to Heter Meah Rabonim, Heter Nisuin or Bitul kedushin if the wife is willing and able to accept a Get (par. 36).
13. The proceedings should be finalized as quickly as possible: 6-8 months for non-custody cases; 1 year to 18 months for cases involving child custody (par. 42).

IMPORTANT NOTE: The Agreement is a legal document spelling out the rights and obligations of each party. The parties and their representatives should therefore read the Agreement carefully before signing.