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Marriage and Divorce

Divorce (Mixed Faiths)

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My fiancée refuses to sign a pre-marital agreement stating that the apartment I have owned for several years already would remain solely mine if we married, and later divorced. Would my rights be at risk if further attempts to get her to sign fail, and we marry despite this ?

Marriage and Divorce Divorce (Mixed Faiths)

In principle, no, because under the 1973 Spouses’ Property Relations’ Act an apartment owned by one party before marriage remains their personal property , and is not included in the pool of communal property to be divided between them if they divorce.

 

I am an Israeli Arab, a Moslem. I married a Russian immigrant who has no recorded religion in a civil ceremony in Cyprus. We want to divorce. Can we do so in Israel, without having to travel to Cyprus again ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes ! Mutual consent is a ground for divorce under the civil process of Dissolution of Marriage which applies to mixed religious couples like you. The family court will have jurisdiction over your divorce.

 

Can a Jew and a Buddhist who married abroad but live in Israel, and wish to divorce, get divorced in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes – via the civil process of Dissolution of Marriage, at the family court. The process is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969.

My husband and I are immigrants from the former Soviet Union who married abroad before arriving in Israel. I am Jewish but he has no religion, though his father was Jewish. We signed an agreement to end our marriage and took it to the rabbinical court for approval. The rabbinical court authorised it although I have now heard that they can only end marriages where both sides are Jews. Where does this leave me ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

My wife and I are both Israeli, but I am Jewish and she is Moslem. We married in a civil ceremony in Cyprus. Can we divorce in Israeli and if so, how ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

 

I am a Christian woman from Europe. I met and married a fellow student in the States, a Moslem man from a village in the north, in a civil ceremony. We moved to his village when we finished our studies. My husband has recently returned to the states. I am supposed to follow him but am unhappy. I want a divorce. Do I have to go to the States to divorce him, or can I stay in Israel and proceed with the divorce from here ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

 

Can two Ethiopians, one Jewish and one Christian, who married in Ethiopia before they immigrated to Israel, divorce here – and how ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

Can a Jew and an Anglican who married abroad but live in Israel get divorced over here ?

Marriage and Divorce Divorce (Mixed Faiths)

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

Can a Jew and a Protestant who married abroad but live in Israel get divorced over here ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

I am Jewish and my husband is Christian, an Anglican, from England. We met on kibbutz here and married in a civil ceremony abroad. Soon after our return to Israel my husband admitted having sex with volunteers, said marriage was not for him, packed up and went down south. I know he is still in Israel as I checked with the Ministry of the Interior. Can I got a divorce, and how ?

Marriage and Divorce Divorce (Mixed Faiths)

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.

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