Can a marriage between two people of different religions who married abroad but live in Israel be ended if one of them suffers irreversible brain damage in a car accident accident ?
By: דיאנה שאלתיאל•Published on: 23 June, 2022Yes, 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.