Divorce Between Christians - עמיהוד בורוכוב, משרד עורכי דין

Can two members of the Greek Orthodox Church who live in Israel but who married abroad in a civil ceremony divorce here ?

Marriage and Divorce •Divorce Between Christians

Yes. Greek Orthodox Christians can divorce in Israel as their faith is recognised and has its own court system which has jurisdiction over the matter. This is so even if they married in a civil ceremony abroad.

My wife and I are Roman Catholics living in Israel. I would like to divorce but am forbidden from doing so by the principles of our church. Can I apply to the Family Court for permission to marry another woman ?

Marriage and Divorce •Divorce Between Christians

No ! Under Israeli Law the Roman Catholic Church has its own court system which has sole jurisdiction over matters of personal status, such as yours, where both parties are of its religious affiliation. Where divorce is not an option, there is a process of Nullification of Marriage, whereby a union can be nullified or cancelled, as if it were never valid in the first place. This may or may not be relevant , according to your particular circumstances .

In any case, the court system of the Roman Catholic Church will have exclusive jurisdiction over any issues concerning your marriage , including its validity/cancellation or ways of ending it. Accordingly, the family court (the civil system) has no jurisdiction over the matter and cannot dissolve your marriage, or give any permission for you to marry another woman.

Can two Anglicans divorce in Israel ?

Marriage and Divorce •Divorce Between Christians

They cannot divorce in Israel according to religious law because the Anglican faith is not recognised here but they can go through the civil process of dissolution of marriage .

Proceedings should be initiated at the family court and the process will be shorter than usual because the Anglican faith is not officially recognised in Israel and has no court system of its own. There will, therefore, be no need for the deputy president of the family court to ask for legal opinions from a religious court, and he will rule that the family court has jurisdiction over the dissolution of the parties’ marriage . Mutual consent is sufficient grounds.

How can a Protestant who is married and lives in Israel get divorced here?

Marriage and Divorce •Divorce Between Christians

Firstly, the Protestant faith is not recognised in Israel in that it has no court system dealing with the personal law of its members. Accordingly, if two protestants who married overseas live in Israel and wish to divorce here there is no possibility of doing this according to any religious Christian court. They can, however, gain a civil divorce. They will have to go through the Dissolution of Marriage procedure . As the Protestant faith is not recognised in Israel this process will be relatively quick as there will be no need to obtain any opinions from religious courts. Jurisdiction to dissolve the marriage will lie with the family court which will then deal with ending the marriage.

If a Protestant is married to a non-Protestant and wishes to divorce the process is also a civil one, by Dissolution of Marriage. Again, there will be no need to gain an opinion from the Protestant side as the faith is not recognised here and no-one has jurisdiction to give such an opinion. However, if the other spouse is a member of a recognised religious faith there will be a need to gain an opinion regarding jurisdiction over the matter. In the case of a ‘mixed’ religious matter the Deputy President of the family court has to decide which court has jurisdiction to dissolve the matter – but this again most probably lie with the family court.

My husband and I are Christians, members of the same faith. We were married in church in England. We no longer regard ourselves as religious, and do not practice our faith at all. Can we go through a civil process to end our marriage in Israel, or do we still have to go through the church ?

Marriage and Divorce •Divorce Between Christians

Only certain Christian faiths are recognised in Israel, and have their own religious courts having jurisdiction over marriage and divorce of members of their faith. If a married Christian couple are members of a faith that is not recognised in Israel and does not have its own court system (e.g. if they are Protestants) then their only option to divorce in Israel is civil – via the dissolution of marriage process

If, however, they are members of a recognised faith ( e.g. they are Roman Catholics), then in principle the court system of their particular church will have jurisdiction over their divorce. The test for religious affiliation is objective and not subjective . In other words if they remain catholic after being born Catholics, being baptised and married in the Catholic church and never cease to be members of the faith, they are still objectively speaking Catholics. This is so even if they,subjectively, considered themselves to have no religion. Jurisdiction over their divorce will lie with the Roman Catholic court, and not the civil court system. This was held so by the President of the Supreme Court in the Bloch Case in the eighties. This stated the President had no jurisdiction to rule on which court should deal with an application to end the marriage of two Roman Catholics who announced that they had no religion but who had done nothing active to convert or stop becoming members of the church.

Can two members of the Greek Orthodox Church who live in Israel but who married abroad in a civil ceremony divorce here ?

Marriage and Divorce •Divorce Between Christians

Yes. Greek Orthodox Christians can divorce in Israel as their faith is recognised and has its own court system which has jurisdiction over the matter. This is so even if they married in a civil ceremony abroad. In a case in the 90’s two Greek Orthodox Christians who married in a civil ceremony abroad wished to divorce and were advised by the secretary of their religious court to begin the process of dissolution of marriage. They applied to the President of the Supreme Court for a ruling on which legal instance could hear their case. He ruled that he had no legal authority to do so under the Jurisdiction In the Matter of Dissolution of Marriage (Special Cases) Act of 1969 as both parties belonged to a recognised religion. Exclusive jurisdiction over their divorce lay with the Greek Orthodox Church Court , he held.

My wife and I are Roman Catholics living in Israel. I would like to divorce but am forbidden from doing so by the principles of our church. Can I apply to the Family Court for permission to marry another woman ?

Marriage and Divorce •Divorce Between Christians

No ! Under Israeli Law the Roman Catholic Church has its own court system which has sole jurisdiction over matters of personal status, such as yours, where both parties are of its religious affiliation. Where divorce is not an option, there is a process of Nullification of Marriage, whereby a union can be nullified or cancelled, as if it were never valid in the first place. This may or may not be relevant , according to your particular circumstances .

In any case, the court system of the Roman Catholic Church will have exclusive jurisdiction over any issues concerning your marriage , including its validity/cancellation or ways of ending it. Accordingly, the family court (the civil system) has no jurisdiction over the matter and cannot dissolve your marriage, or give any permission for you to marry another woman.

Can two Anglicans divorce in Israel ?

Marriage and Divorce •Divorce Between Christians

They cannot divorce in Israel according to religious law because the Anglican faith is not recognised here but they can go through the civil process of dissolution of marriage .

Proceedings should be initiated at the family court and the process will be shorter than usual because the Anglican faith is not officially recognised in Israel and has no court system of its own. There will, therefore, be no need for the deputy president of the family court to ask for legal opinions from a religious court, and he will rule that the family court has jurisdiction over the dissolution of the parties’ marriage . Mutual consent is sufficient grounds.

How can a Protestant who is married and lives in Israel get divorced here?

Marriage and Divorce •Divorce Between Christians

Firstly, the Protestant faith is not recognised in Israel in that it has no court system dealing with the personal law of its members. Accordingly, if two protestants who married overseas live in Israel and wish to divorce here there is no possibility of doing this according to any religious Christian court. They can, however, gain a civil divorce. They will have to go through the Dissolution of Marriage procedure . As the Protestant faith is not recognised in Israel this process will be relatively quick as there will be no need to obtain any opinions from religious courts. Jurisdiction to dissolve the marriage will lie with the family court which will then deal with ending the marriage.

If a Protestant is married to a non-Protestant and wishes to divorce the process is also a civil one, by Dissolution of Marriage. Again, there will be no need to gain an opinion from the Protestant side as the faith is not recognised here and no-one has jurisdiction to give such an opinion. However, if the other spouse is a member of a recognised religious faith there will be a need to gain an opinion regarding jurisdiction over the matter. In the case of a ‘mixed’ religious matter the Deputy President of the family court has to decide which court has jurisdiction to dissolve the matter – but this again most probably lie with the family court.

My husband and I are Christians, members of the same faith. We were married in church in England. We no longer regard ourselves as religious, and do not practice our faith at all. Can we go through a civil process to end our marriage in Israel, or do we still have to go through the church ?

Marriage and Divorce •Divorce Between Christians

Only certain Christian faiths are recognised in Israel, and have their own religious courts having jurisdiction over marriage and divorce of members of their faith. If a married Christian couple are members of a faith that is not recognised in Israel and does not have its own court system (e.g. if they are Protestants) then their only option to divorce in Israel is civil – via the dissolution of marriage process

If, however, they are members of a recognised faith ( e.g. they are Roman Catholics), then in principle the court system of their particular church will have jurisdiction over their divorce. The test for religious affiliation is objective and not subjective . In other words if they remain catholic after being born Catholics, being baptised and married in the Catholic church and never cease to be members of the faith, they are still objectively speaking Catholics. This is so even if they,subjectively, considered themselves to have no religion. Jurisdiction over their divorce will lie with the Roman Catholic court, and not the civil court system. This was held so by the President of the Supreme Court in the Bloch Case in the eighties. This stated the President had no jurisdiction to rule on which court should deal with an application to end the marriage of two Roman Catholics who announced that they had no religion but who had done nothing active to convert or stop becoming members of the church.