Marriage and Divorce

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages. This is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969, which was streamlined in 2005. Most probably jurisdiction to dissolve the marriage will lie with the family court, but a final decision on whether it does so, or whether it lies with a religious court, will be made after the Vice President of the Family Court receives an opinion from the Greater Rabbinical Court and the relevant Roman Catholic Court, in accordance with law.

In Israel or in Ohio, U.S.A. The wife could start dissolution of marriage proceedings in Israel resulting in an ex-parte judgment if her husband co-operates as mutual consent is grounds for divorce under Israeli civil law. There would be no need for the husband to fly to Israel. Alternatively, divorce proceedings can initiated in Ohio under the Revised Ohio Code by a party who is resident there at least six months prior to filing i.e. the husband . There are no-fault based grounds such as living separately for a year and incompatibility, providing this is not denied by either party.

If the husband obtained the Ohio divorce first, this could be registered at the Ministry of Interior in Israel.

Yes, the marriage may be ended if certain conditions relating to the process of dissolution of marriage which governs unions between spouses of different religions, are met.

The party wishing to end the marriage must start proceedings at the family court. The Deputy President there will decide which court has jurisdiction to end the marriage, after consulting the relevant religious courts, if necessary. It is likely that jurisdiction to dissolve the marriage will lie with the family court. The other party will be appointed a legal guardian regarding the matter if they lack legal capacity.

Several possibilities exist regarding grounds for ending the marriage if expert opinion is accepted regarding the irreversibility of the injured party’s condition. One is that the guardian-in-law appointed can give consent to end the marriage . Another if there is no such consent is that the injured party’s state is sufficient grounds for ending the marriage under the law of the country where they married. The court will need the written legal opinion of an expert in the relevant foreign law that supports this thesis before it passes judgment ending the marriage.

Not unless the plaintiff submits an opinion of a legal expert showing that grounds exist for divorce under the law of the country in which the couple were married. In September ‏2003 Haifa Family Court refused to grant an ex-parte decision dissolving a marriage performed abroad without first receiving an expert opinion proving that the plaintiff was entitled to divorce under the laws of the country where she married. Service of the application to dissolve the marriage had been made via notices in the press (“substituted service”) . The husband had not filed any defence, and the plaintiff had asked the court to grant an ex-parte decision without submitting a legal opinion. It refused.

In such a situation, the Plaintiff has to submit an opinion of an expert on foreign law to show  that there are grounds for divorce, under the laws of the country where the couple married.

Firstly, the fact that the woman has not become an Israeli citizen is irrelevant. She can still begin the process of civil divorce (“dissolution of marriage”) against her non-Jewish husband, as her status in Israel is not the key factor. What is important is for her to ascertain whether her husband is in Israel or not. She can do this at the Ministry of Interior and get details of his entries and exits from Israel. If it transpires that he is in Israel, and his whereabouts within the country are unknown, she can apply to court for “substituted service” of the legal documents via publication in the written press. She can continue the process this way.

Very strict. Unless there is an irreversible power of attorney from one party giving a lawyer permission to act on his/her behalf to end the marriage, even without his/her presence at a court hearing, the court will be extremely cautious.

Yes, providing a relevant ground for divorce can be proved according to the laws of the country where the marriage ceremony took place . If a joint plea for the dissolution of marriage is made and then one of the spouses no longer wishes to divorce , the other party can still proceed with the divorce process, by making an independent plea for divorce. The plea should be based on one of the grounds recognised according to the laws of marriage and divorce in the country where they married. The Attorney General will be a respondent , in addition to the spouse defending the action. The spouse wishing to divorce will need to submit a legal opinion of an expert on matrimonial law in that country regarding the recognised grounds for divorce – and will have to prove that grounds actually exist. The party contesting or defending the divorce plea can also submit a legal opinion supporting his/her case and countering the other side’s, as part of his/her defence. Supporting evidence will also be required .

Yes, this is possible, in certain circumstances . In January 2004 Haifa Family Court gave a divorce judgment without either the husband , who was Jewish, or the wife, who was non-Jewish, being present. Both parties , who had married in a civil ceremony in Cyprus, wished to divorce and had given irreversible powers of attorney to a lawyer concerning the matter. The court had already authorized a divorce agreement between the couple , who had one child, in their presence.

The 1969 Jurisdiction in Dissolution of Marriage (Special Cases & International Jurisdiction ) , which was streamlined in 2005. Under Israeli law, the only ground for civil divorce is mutual consent, but in certain situations the laws of the country where the marriage was performed will apply, and the divorce case can be decided in Israel, based on these.

No !