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How strict will a court be about documentation before granting an ‘ex-parte’ divorce ?

By: דיאנה שאלתיאלPublished on: 09 May, 2022

Very strict. Unless there is an irreversible power of attorney from one party giving a lawyer permission to act on his/her behalf to end the marriage, even without his/her presence at a court hearing, the court will be extremely cautious. A few years ago the Jerusalem District Court rejected an appeal against a family court ruling refusing to grant an ex-parte divorce to the wife who claimed that her husband had given a ‘special power of attorney’ to her in which he consented to ‘do her a favour’ and divorce, but would not attend any hearing. Proof that the husband had been invited to the hearing had been requested by the family court – but this was not provided, despite excuses, and Ministry of Interior records showed that he had actually left the country before the date of the alleged ‘special power of attorney’ and affidavit. The District Court said it was impossible or highly unlikely that the husband had signed these two documents in Israel at the time stated, and demanded that proof of service regarding a hearing be provided.

It said: “Dissolution of marriage is ‘ the most significant event’ in a couple’s life and it is not possible that it can take place without each party being invited to the hearing.”

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