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Marriage and Divorce

Divorce in Israel - Recognition Abroad

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I am a Christian guy from the U.K., living in Israel with my Israeli, Jewish wife. We want to divorce. Can we do so in Israel, and will the divorce be recognized in the U.K.?

Marriage and Divorce Divorce in Israel - Recognition Abroad

The answer to both questions is ‘yes’. You and your wife can get divorced easily at the family court in Israel as mutual consent is sufficient grounds for ending your marriage under the Israeli civil divorce process. Afterwards, you can get the requisite notarized translation and “Apostille” authorization that are required so that the Israeli divorce judgment can be recognized in the U.K. and fully valid there.

I am a Christian guy from the U.K., living in Israel with my Israeli, Jewish wife. We want to divorce. Can we do so in Israel, and will the divorce be recognized in the U.K.?

Marriage and Divorce Divorce in Israel - Recognition Abroad

The answer to both questions is ‘yes’. You and your wife can get divorced easily at the family court in Israel as mutual consent is sufficient grounds for ending your marriage under the Israeli civil divorce process. Afterwards, you can get the requisite notarized translation and “Apostille” authorization that are required so that the Israeli divorce judgment can be recognized in the U.K. and fully valid there.

My husband and I are Jewish and married in Australia before coming to live in Israel. Do we have to go back to Australia to get divorced or can we get divorced in Israel, and be sure that the divorce is valid overseas?

Marriage and Divorce Divorce in Israel - Recognition Abroad

No, you do not have to go back to Australia to get divorced You can complete your divorce here at the rabbinical court which ,according to the Rabbinical Courts’ Jurisdiction (Marriage & Divorce) Law of 1953. Once you have a divorce judgment from the rabbinical court in Israel you can apply for this to be recognized under the Australian Family Law Act and for a civil divorce to be granted there.

Will a civil divorce in Romania ending the marriage of a husband and wife with both dual Israeli and Romanian citizenship be recognised in Israel ?

Marriage and Divorce Divorce in Israel - Recognition Abroad

Probably so. The Tel Aviv Family Court recognised a divorce judgment from Romania ending the marriage between a couple with no registered religion and dual Romanian and Israeli citizenship.

The husband had returned to Romania and the wife had remained in Israel. She needed recognition of her Romanian divorce so that she could qualify for tax exemptions applicable to property rights transfers in Israel . The family court held that it had jurisdiction to recognise the divorce indirectly to prevent injustice – if it did not the woman would suffer financially. The court said that the two countries did not recognise each other’s judgments according to the Recognition of Foreign Judgments Act . However, Israeli law still recognises foreign judgments given by a foreign court with jurisdiction which comply with the rules of private international law. Accordingly, the family court held that the sides had sufficient links to Romania and that the foreign divorce was given by a court with appropriate jurisdiction according to the rules of private international law accepted in Israel.

I am a Christian guy from the U.K., living in Israel with my Israeli, Jewish wife. We want to divorce. Can we do so in Israel, and will the divorce be recognized in the U.K?

Marriage and Divorce Divorce in Israel - Recognition Abroad

The answer to both questions is ‘yes’. You and your wife can get divorced easily at the family court in Israel as mutual consent is sufficient grounds for ending your marriage under the Israeli civil divorce process. Afterwards, you can get the requisite notarized translation and “Apostille” authorization that are required so that the Israeli divorce judgment can be recognized in the U.K. and fully valid there.

My husband and I are Jewish and married in Australia before coming to live in Israel. Do we have to go back to Australia to get divorced or can we get divorced in Israel, and be sure that the divorce is valid overseas?

Marriage and Divorce Divorce in Israel - Recognition Abroad

No, you do not have to go back to Australia to get divorced You can complete your divorce here at the rabbinical court which ,according to the Rabbinical Courts’ Jurisdiction (Marriage & Divorce) Law of 1953. Once you have a divorce judgment from the rabbinical court in Israel you can apply for this to be recognized under the Australian Family Law Act and for a civil divorce to be granted there.

Can a divorce agreement authorised in a civil or religious court here be recognized and valid abroad?

Marriage and Divorce Divorce in Israel - Recognition Abroad

In principle, yes, provided that recognition is sought in a country where there is a reciprocal arrangement for recognizing Israeli judgments.

Can a divorce agreement authorised in a civil or religious court here be recognized and valid abroad?

Marriage and Divorce Divorce in Israel - Recognition Abroad

In principle, yes, provided that recognition is sought in a country where there is a reciprocal arrangement for recognizing Israeli judgments.

My husband has been in a mental hospital for years now, with no hope of recovery. He will be there until he dies. We are both Jewish. Can I get a divorce, or marry someone else ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce

No. Under Jewish law a woman is in an inferior position to a man who is placed in a similar situation, with his spouse incarcerated in a mental hospital. A Jewish wife cannot divorce her mentally ill spouse, nor can she get permission to marry someone else. Under Jewish law, divorce is a legal act requiring understanding, freewill and agreement, which a spouse who is incurably ill with a mental illness is incapable of. Thus, divorce is out, and also for a man, whose wife is similarly afflicted. There is, however, a major difference; a man whose wife is afflicted, can can apply to the rabbinical court for permission to marry another woman.

The only option for a woman in the predicament mentioned is to live with another man, as common-law husband and wife, and have a court-authorised agreement defining their rights and obligations towards one another.

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