Can an ex-parte decision regarding dissolution of a foreign marriage be granted if a notice, ordered by an Israeli court, has been published in a newspaper in the country where the couple married , about the opening of divorce proceedings, but the respondent does not react ?
By: דיאנה שאלתיאל•Published on: 23 June, 2022Not unless the plaintiff submits an opinion of a legal expert showing that grounds exist for divorce under the law of the country in which the couple were married. In September 2003 Haifa Family Court refused to grant an ex-parte decision dissolving a marriage performed abroad without first receiving an expert opinion proving that the plaintiff was entitled to divorce under the laws of the country where she married. Service of the application to dissolve the marriage had been made via notices in the press (“substituted service”) . The husband had not filed any defence, and the plaintiff had asked the court to grant an ex-parte decision without submitting a legal opinion. It refused.
In such a situation, the Plaintiff has to submit an opinion of an expert on foreign law to show that there are grounds for divorce, under the laws of the country where the couple married.