Marriage and Divorce

No clear answer can be given – anything from a few months to two years, and occasionally even longer, depending on the circumstances.

Civil divorce – correctly called “Dissolution of Marriage” can be dealt with either by a family court, or a religious court, according to the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969,

Converting after the wedding– as this  would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction.

The rabbinical court only has jurisdiction to end marriages where both parties are Jews. “Mixed marriages”, such as one between a Jew and someone with no religion, have to be ended by the process of dissolution of marriage . Jurisdiction for this usually lies with the family court, and is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969.

Where a rabbinical court has jurisdiction – when both parties are Jews – it can also authorise a property relations / divorce agreement regarding a couple’s finances,too. However, if only one side is Jewish then it cannot as it lacks jurisdiction.

Despite this, many ‘mixed couples’ have had their divorce/dissolution agreements wrongly authorised by rabbinical courts in Israel.

Yes, you can divorce in Israel, via the Dissolution of Marriage process at the family court.
The legal opinion of both religious courts involved – Sha’ari and Rabbinical one – will be requested, but ultimately a decision will be made granting jurisdiction to the family court.
If you both agree to divorce, then the process will be relatively simple, as mutual consent is a sufficient ground for dissolving the marriage under Israeli law . If one of you objects, then the other will have to prove grounds under the laws of marriage and divorce in Cyprus, by way of an expert legal opinion.

No, you do not have to fly to the States to divorce him. As long as you are a resident of Israel you can apply for the dissolution of your marriage, even if you married abroad and your husband is overseas now. He can receive the divorce papers abroad. Jurisdiction In The Matters of Dissolution of Marriage (Special Cases & International Jurisdiction ) Law of 1969 , which was streamlined in 2005, governs the procedure. The whole process will be much easier if your husband agrees to divorce as mutual consent is a ground for divorce under Israeli law. If your husband does not agree, you will need to prove you have grounds for divorce according to the laws of marriage and divorce where you got married.

Yes ! Civil divorce , technically known as dissolution of marriage, is possible in Israel, for Ethiopian couples of different religions, who married in Ethopia. Under the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969 application is first made to the president of the family court to determine which court has jurisdiction , though invariably it will be with the family court itself. Under Israeli law mutual consent is sufficient grounds for dissolving a marriage , but where one party opposes, the other side must prove grounds under Ethiopian law, for which an expert opinion must be submitted.

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages.

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages. This is governed by the updated 1969 Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969. A decision will be made about whether the family court or a religious court has jurisdiction over the case after the Vice-President of the family court has received an opinion from the Greater Rabbinical Court on the Jewish side . No opinion is needed regarding the Protestant spouse as the Protestant faith is not recognised in Israel. Jurisdiction in the dissolution of the marriage should lie with the family court.

Firstly, as your marriage is a mixed one, you being Jewish and your husband not, you will have to go through the process of “dissolution of marriage” and not divorce .

The whole process is governed by the newly updated Jurisdiction In the Matters of Dissolution of Marriage (Special Cases & International Jurisdiction ) Law of 1969. You can file for dissolution of your marriage at the family court, but a decision confirming whether it or a religious court has jurisdiction over the case will only be made after the Vice-President there has consulted with the relevant religious courts here in Israel . In your case, this would only be the rabbinical court as the Anglican faith is not recognised here. Most likely, the family court will have jurisdiction.

You should apply for an order stopping your husband leaving the country anyhow. If your husband is traced meanwhile, it would be preferable to seek his co-operation in ending your marriage; mutual consent is a ground under the act and a written agreement is the best bet. If not you will have to prove grounds for divorce under the laws of the country where you married.