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Pre-nuptial agreements; divorce/dissolution of marriage/separation/marital reconciliation agreements; property relations agreements between married couples; agreements between cohabiting couples; family life agreements; child custody/visitation rights agreements; maintenance agreements.



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Questions and Answers

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.

Can a Jew and a Roman Catholic who married abroad but who 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 Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969, which was streamlined in 2005. Most probably jurisdiction to dissolve the marriage will lie with the family court, but a final decision on whether it does so, or whether it lies with a religious court, will be made after the Vice President of the Family Court receives an opinion from the Greater Rabbinical Court and the relevant Roman Catholic Court, in accordance with law.

I am Jewish and have Israeli and American citizenship. I married a non –Jewish American guy in Ohio , U.S.A., his home town. We registered the marriage at the Ministry of Interior in Israel. We lived in Israel for a while but our marriage did not work and he returned to Ohio. I think he wants to end everything, too. Where can we get divorced ?

Marriage and Divorce Divorce (Mixed Faiths)

In Israel or in Ohio, U.S.A. The wife could start dissolution of marriage proceedings in Israel resulting in an ex-parte judgment if her husband co-operates as mutual consent is grounds for divorce under Israeli civil law. There would be no need for the husband to fly to Israel. Alternatively, divorce proceedings can initiated in Ohio under the Revised Ohio Code by a party who is resident there at least six months prior to filing i.e. the husband . There are no-fault based grounds such as living separately for a year and incompatibility, providing this is not denied by either party.

If the husband obtained the Ohio divorce first, this could be registered at the Ministry of Interior in Israel.

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 ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes, 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.

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 ?

Marriage and Divorce Divorce (Mixed Faiths)

Not 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.

What legal steps must a wife who is Jewish, and who moved to Israel, but who has not yet become a citizen, take to divorce her husband, who is non-Jewish, whom she married abroad in a civil ceremony, and with whom she has no contact at all ?

Marriage and Divorce Divorce (Mixed Faiths)

Firstly, the fact that the woman has not become an Israeli citizen is irrelevant. She can still begin the process of civil divorce (“dissolution of marriage”) against her non-Jewish husband, as her status in Israel is not the key factor. What is important is for her to ascertain whether her husband is in Israel or not. She can do this at the Ministry of Interior and get details of his entries and exits from Israel. If it transpires that he is in Israel, and his whereabouts within the country are unknown, she can apply to court for “substituted service” of the legal documents via publication in the written press. She can continue the process this way.

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

Marriage and Divorce Divorce (Mixed Faiths)

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.

My wife and I married in a civil ceremony abroad. When the marriage didn’t work out I suggested to my wife that we got divorced. She agreed. We both signed an agreement saying that we wished to divorce and would co-operate in every way needed to obtain the divorce. We began the process of dissolution of our marriage by making a joint application . It was held that the family court had jurisdiction over our case ( I am Jewish and she is not) . Now my wife has ‘changed her mind’ about agreeing to divorce – basically she is trying to extort money from me in return for her consent. Can I still divorce her without giving in to her blackmail ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes, providing a relevant ground for divorce can be proved according to the laws of the country where the marriage ceremony took place . If a joint plea for the dissolution of marriage is made and then one of the spouses no longer wishes to divorce , the other party can still proceed with the divorce process, by making an independent plea for divorce. The plea should be based on one of the grounds recognised according to the laws of marriage and divorce in the country where they married. The Attorney General will be a respondent , in addition to the spouse defending the action. The spouse wishing to divorce will need to submit a legal opinion of an expert on matrimonial law in that country regarding the recognised grounds for divorce – and will have to prove that grounds actually exist. The party contesting or defending the divorce plea can also submit a legal opinion supporting his/her case and countering the other side’s, as part of his/her defence. Supporting evidence will also be required .

Can a court in Israel give a judgment declaring a “mixed marriage” couple divorced – if they both consent – without them having to attend a hearing ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes, this is possible, in certain circumstances . In January 2004 Haifa Family Court gave a divorce judgment without either the husband , who was Jewish, or the wife, who was non-Jewish, being present. Both parties , who had married in a civil ceremony in Cyprus, wished to divorce and had given irreversible powers of attorney to a lawyer concerning the matter. The court had already authorized a divorce agreement between the couple , who had one child, in their presence.

What legislation covers civil divorce in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

The 1969 Jurisdiction in Dissolution of Marriage (Special Cases & International Jurisdiction ) , which was streamlined in 2005. Under Israeli law, the only ground for civil divorce is mutual consent, but in certain situations the laws of the country where the marriage was performed will apply, and the divorce case can be decided in Israel, based on these.

Is the practice whereby the rabbinical court can declare a marriage between a Jew and a non-Jew a non-starter and register its cancellation at the Interior Ministry actually valid ?

Marriage and Divorce Divorce (Mixed Faiths)

No !

How long should it take to end a mixed marriage in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

No clear answer can be given – anything from a few months to two years, and occasionally even longer, depending on the circumstances.

Which courts have jurisdiction to deal with civil divorce in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

Civil divorce – correctly called “Dissolution of Marriage” can be dealt with either by a family court, or a religious court, according to the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969,

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.

The rabbinical court ordered my wife to accept a “get” from me after it was proved to them that she had been having an affair with another man. She consistently refuses to obey their order. I feel I have a worthless judgment. Is this true, or is there something that I can do ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No, you do not have a worthless judgment. You can apply to the rabbinical court for a restrictive order against your wife, under the 1995 Rabbinical Court (Implementation of Divorce Judgment) Order. The same principles apply to a woman who defies the order as to a man defying an order. The only difference is that the procedure is more stringent regarding the most ultimate sanction,jail, because of the usual need for the woman to be at home taking care of the children/family.

Can a husband whose wife has committed adultery be made to shoulder the financial burden of divorce proceedings at the rabbinate ?

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

Possibly, if the husband proves adultery at the rabbinical court , it orders her to divorce on the basis of this, and he requests that she be ordered to foot the bill. In September 2006 the Greater Rabbinical Court upheld a costs order made against an adulterous wife by Netanya Rabbinical Court. She had been ordered to pay her husband’s legal fees in proving her adultery and his entitlement to divorce, as well as the paying for the cost of the private detective he hired to produce the necessary evidence.

Can a husband be “let off” his Ketuba if it is “exhorbitant”?

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

In theory this is possible, but very rare and in principle a rabbinical court will regard a “Ketuba” as a “finished bond or bill ” or clear debt that does not proving, to which the wife is entitled upon divorce, unless she is declared “rebellious” and loses her entitlement to it. If the husband disputes it, the burden of proof lies with him .

My wife and I are in the process of divorcing at the rabbinate. We have just discovered she is pregnant. Can I – or the rabbinical court – force her to have an abortion because we are getting divorced ?

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

No! A husband has no right to force his wife to have an abortion ,whether or not they are in the middle of divorce proceedings. There is no connection between the two.

My wife has filed for divorce at the rabbinical court and for the division of our property at the family court, including our home . If I file for marital reconciliation at the rabbinical court, could this help me to keep a roof over my head ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes, according to a decision given by Rishon LeZion Family Court several years ago, when it ordered a delay in dividing partnership in the marital home following developments at the rabbinical court related to marital reconciliation plea filed by the husband. He had filed for ‘Shalom Bayit’ (literally “peace at home”) at the rabbinical court . Accordingly, it granted an order forbidding the wife from interfering with his specific accommodation in the marital home. Furthermore, it held that without a home there can be no “peace at home”, and, therefore, the apartment could not be sold.
Amendments to Israeli legislation concerning the division of marital property are designed to reduce financial manipulation in divorce negotiations . Under the old law relating to couples marrying after 1.1.74, division of marital assets was normally only effected upon divorce or death. Recent amendments allow for the division of marital property before divorce, in certain specified conditions. See Property Rights – Couples Married After 1974.

If a wife is declared “ rebellious” by a rabbinical court can the husband condition his consent to divorce upon his wife reimbursing him for all the maintenance he paid her ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No ! The Greater Rabbinical Court accepted an appeal by a wife against her husband’s conditioning of divorce upon her giving him back maintenance he had paid her. After the district rabbinical court had declared the wife “ rebellious” , the husband had said he would only divorce her if she gave him back a substantial sum of maintenance which he had paid her over the years following litigation she had brought in the civil system. It accepted the husband’s action but the wife won on appeal.
The Greater Rabbinical Court held it was clear that the couple, who had lived separately for over 10 years, should divorce, but said it was very hard to understand the district court ruling allowing the husband to condition his consent to end their marriage upon the return of the maintenance sums. The money had been used to support the wife and there was no justification for its return , especially given the extreme violence within the marriage. As both sides were interested in divorce, it held that they must divorce immediately, without reference to the question of returning maintenance money, which should be dealt with afterwards. It ordered the wife to produce two guarantors.

If a husband appeals against a family court ruling awarding his wife maintenance, can he gain tactically by preventing her from enforcing the decision at the bailiff’s meanwhile ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No, not as a rule ! If a husband appeals at the district court against a family court judgment or temporary decision awarding his wife maintenance this will not, in itself, prevent her taking action to enforce it at the bailiff’s court if he does not pay up meanwhile. This is because as long as there is no judicial decision delaying implementation of the judgment /decision awarding the wife maintenance, then it is still enforceable, and the mere filing of an appeal against it by the husband, will not prevent the wife opening a file at the bailiff’s to get the maintenance she has been awarded.

Can a husband against whom a ‘stop order’ was “wrongly” granted as part of rabbinical court proceedings – after his wife deliberately told lies – get his own back so that she suffers for her folly ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes ! Firstly, the rabbinical court can order costs against a wife who gains a ‘stop order’ against her husband on false grounds – due to lies, spite, malice or pettiness. Incidentally, if a stop order is wrongly granted against a husband by the family court as part of proceedings between them there, due to the wife’s lies, spite, malice or pettiness, it can also order costs against her.
Secondly, if , as a result of the ‘stop order’ the husband incurred damages – he can consider bringing a civil damages suit against her for financial compensation for damage caused as a result of the order granted against him.

My wife has gone to the police with false claims about violence and is demanding her ‘Ketuba’ in return for her consent to divorce. I have not laid a hand on her. I want the divorce and she doesn’t. Can she be made to divorce because of her behaviour ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
In theory this is possible , depending on developments. For example,several years ago, the Greater Rabbinical Court turned down a wife’s appeal against the Haifa Rabbinical Court’s ruling obliging her to divorce because of her false accusations against her husband about assault and rape. It further held that she had no right to her “Ketuba”, maintenance, compensation or property.
The wife had complained to the police that her husband had attacked and raped her, but later went back on this, with Haifa District Court passing judgment proclaiming his innocence in criminal proceedings brought against him . The Greater Rabbinical Court backed up the first level judgment and held that the wife had ulterior financial motives – but the issue of money should come after matters of the soul. She had demanded 500,000 NIS for her ‘consent’ to divorce.
“In cases like this, where the wife makes very serious allegations against the husband, while refusing to accept a ‘get’ without conditions, we recommend first that the divoce be carried out immediately, and after the ‘get’ we will decide on monetary matters”, The Greater Rabbinical Court held.

Can a husband prevent his wife gaining maintenance at the family court by filing for divorce at the rabbinate first, claim that she is “rebellious” and ask it to deny her financial support ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No ! The fact that a husband has filed for divorce first at the rabbinical court and included his wife’s maintenance in the plea does not necessarily mean he can prevent her from getting maintenance at the family court . She can still try and file there – and then if the husband objects and asks the family court to throw out her plea for lack of jurisdiction , it will then have to see whether the husband’s maintenance plea at the rabbinical court passed a tough 3-point test. For the rabbinical court to gain jurisdiction over the wife’s maintenance this way, the divorce plea must be filed in good faith, the maintenance plea must be bound to it in good faith , and properly, according to law.

Can a husband stuck in a stalemate because his wife will neither agree to save the marriage or end it, offer her a financial incentive in return for divorce – and get court endorsement for this ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Quite possibly, as occurred before Tel Aviv Family Court several years ago when the court turned down a maintenance plea filed by a wife – who would neither divorce or let her spouse return home – but also gave expression to the husband’s willingness to pay her money if she divorced. It said that if within 10 days she signed a joint application to divorce without any preconditions, attended a divorce hearing at the rabbinate and co-operated at the divorce ceremony, she would receive 36,000 N.I.S. maintenance in the form of “ adaptation money” for the year preceding the divorce – all because of her husband’s implied agreement to this.

Where a wife files for divorce can the husband condition his agreement at the hearing on his wife agreeing to transfer the plea for child maintenance to it from the family court ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No – this will not succeed according to a case decided in 2000 where during a divorce hearing at the rabbinical court the husband threatened to file for ‘Shlom Bayit’ if the wife did not agree to his demand to transfer the plea for child maintenance she had opened at the family court , and put it under the exclusive jurisdiction of the rabbinical court. It was held that the husband should divorce the wife immediately , without any conditions and that if he failed to appear at the divorce ceremony, or attend but refused to co-operate, restrictive orders would be made against him.

My wife has just filed me for divorce and maintenance at the rabbinical court. This seems peculiar to me because when we went to register for marriage at the rabbinical court, although she is registered as being Jewish in her Identity Card, the rabbinical court refused to register us for marriage because she could not produce the documentation required to prove she was a Jewess . We married in a civil ceremony in Cyprus. How should I react ?

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

Where a Jewish husband is served with a plea for divorce which ties in his wife’s maintenance at the rabbinical court, and there is doubt as to her Jewishness, then he should claim that the rabbinical court lacks jurisdiction. He would be advised to do this in two ways – in his written defence pleadings and in a separate plea to the rabbinical court asking it to reject the divorce plea on the grounds that it has no jurisdiction because his wife is not Jewish. If the rabbinical court decides that it lacks jurisdiction to hear the divorce plea, then the maintenance plea – included in it – will fall, too.

In what circumstances might it beneficial to a man, who married his wife in the usual Jewish tradition, to pay her maintenance after they divorce?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
The general rule is that a Jewish husband who married in a Jewish religious wedding ceremony has an obligation to give his wife maintenance during their marriage. This obligation ends when they divorce. If a Jewish divorcee receives maintenance after her divorce this is an exception.
This exceptional situation can arise when the husband has an interest in persuading his wife to divorce as quickly as possible ( e.g. if he has a lover and she is pregnant and he wishes to marry her) and his wife is not so interested in divorce, or is not in a hurry to divorce. To tempt his wife to agree to divorce he may offer her a financial incentive – maintenance after the divorce.
Another situation where a woman may get maintenance after divorce is where there is a “balancing” or “equalization” of marital property between them and the husband owes the wife money. He may not be able to pay her a lump sum in which case the debt can be paid in the form of maintenance after divorce.

My wife has just filed a plea for maintenance against me at the family court. I am not sure whether I want to save the marriage or opt for divorce. Can I file for ‘shlom bayit’ or divorce at the rabbinical court after she has filed me for maintenance at the family court ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes, the fact that a wife files her husband for maintenance at the family court does not in any way stop him from either filing a plea to reconcile their marriage (‘shlom bayit’) or one to divorce, at the rabbinical court.

I am thinking of divorcing my wife. We are Jewish with young children. What is the best way for me to go about this to avoid paying high maintenance and avoiding a rougher deal financially regarding our property ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
From a man’s viewpoint it is best to file for divorce at the rabbinical court. Custody is automatically tied to the plea, but a wife’s maintenance is only included if it is genuinely and correctly bound according to strict criteria. To include property the divorce plea must be both explicit and detailed about this. Any property not specifically mentioned will not be included in the plea.
If, however, the wife pre-empts the issue and files for child custody and maintenance for herself and the children and even takes certain steps regarding property at the family court, then the husband will be prevented from filing for these at the rabbinical court, which will then only have jurisdiction regarding the divorce.
As a rule, it is in the husband’s interests for jurisdiction for proceedings regarding maintenance and property to be at the rabbinical court, while it is in the wife’s interests for t hem to be at the family court.

Can a woman who suffered for years because of her husband’s refusal to divorce get compensation from his estate ?

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

Yes, in certain circumstances.

Is a Jewish woman regarded in Israel as “free to marry” and have a child under Jewish law if she married and then divorced a Jewish man abroad – both according to civil law there ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
No ,even though it may sound paradoxical, as Orthodox Jewish law does not recognize civil marriage between Jews in the first place, and regards it as having no legal value. However, a Jewish divorce is still needed, and is designed to erase the doubt of a child that may be born to the woman in the future being dubbed a “bastard”.

 

Can a Jewish woman who is in the middle of divorcing her Jewish husband, date another man without jeopardizing her rights as a married woman ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
No! If a Jewish woman is in the middle of divorce proceedings and dates another man she is at risk of losing her right to maintenance until she receives her ‘get’. She is also likely to risk losing her rights under her “Ketuba” (marriage contract).

What can a woman do to challenge a request made by her husband to the rabbinical court as part of divorce proceedings against her, to forbid her from marrying the man he alleges she is having an affair with ?

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

Firstly, she can try and negotiate with her husband to withdraw his request, before the rabbinical court gives a decision that proceedings should move on to the evidence stage. If this fails, she can ask the rabbinical court to cancel her husband’s request, and grant her a divorce which does not restrict her right to remarry. If, however, the rabbinical court rejects this, and holds that the husband should have the right to prove his case, then she can request permission to appeal against this decision. Should this fail, too, and a decision is given banning her from marrying her alleged lover after her divorce, she can appeal against this to the Greater Rabbinical Court. Assuming this fails – and real proof of intimate relations on the part of the woman are not proved – then she can bring a petition to the Supreme Court of Justice challenging the legality of such a decision.

The rabbinical court has ordered my husband to divorce me, but I am worried that my husband will try to trick me out of my “Ketuba”. Is there anything that I can do to guarantee getting my rights according to my “Ketuba”?

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

Yes, where the rabbinical court has ordered the husband to grant his wife a divorce, it can grant freezing orders before the actual divorce is given – to guarantee that the wife will be able to realize her financial rights according to her Ketuba.

I am trying to challenge my husband’s attempt to bind a plea for division of our marital property to a divorce plea he filed at the rabbinate . I intend to file for a division of our property at the family court. I expect my husband will ask the family court to throw out my plea because he filed at the rabbinical court first. Can incriminating statements he made during other proceedings help my case?

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

Yes !

Can a wife keep a husband out of the home – against his will – to cause actual separation between them during the divorce proceedings, where he is not violent, but just to make life easier ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
No! In principle, a husband can only be banned from the family home by way of a court order on the basis of his violent behaviour – physical or emotional – towards his wife or children, or where there is a substantial threat, or substantial risk of violence towards a family member living there. An order cannot be granted just to separate the spouses and make it easier for the wife during divorce proceedings .

My husband filed for divorce at the rabbinical court and included my maintenance. The rabbinical court has now rejected his plea. He still won’t support me financially. What are my legal options for getting him to do so ?

Marriage and Divorce Divorce Between Jews

In general, once a rabbinical court rejects a husband’s divorce plea to which a wife’s maintenance has been bound , it loses jurisdiction over the issue of the wife’s maintenance, the Supreme Court held in the eighties. The wife is then free to decide whether to file for her maintenance at the rabbinical court or in the civil system, where jurisdiction nowadays lies with the family court.

What effect could leaving the marital home have for a wife in proceedings against her husband for financial support, at the family and not the rabbinical court ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
If a wife leaves the family home, without legal grounds/justification, then she is likely to lose her right under Jewish law to maintenance from her husband, even if she filed for it at the family court, and not the rabbinical court. However, it is sufficient for her to show verbal violence that prevents “peaceful accommodation” i.e. endless rows for her to justify leaving the marital home .
Incidentally, if the children leave the marital home with her, their right to maintenance from their father under Jewish law is totally unconnected with whether their mother’s behaviour was justified or not. They are entitled to maintenance from their father whether the mother was justified or not in leaving the marital home.

Can a Jewish woman successfully sue her Jewish ex-husband for financial compensation for the suffering he caused her by refusing to give her a “get” ?

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

Yes – but she will need to have a rabbinical court judgment ordering him to grant her a religious divorce (“get”) first and need to prove that she suffered from his refusal to comply with the ruling.

Can a wife whose husband refuses to divorce despite a rabbinical court judgment obliging him to do so, file him for financial compensation ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes, it was held several years ago by Jerusalem Family Court where such a plea was filed . A wife can do so on the basis of infringement of her basic right under the Human Dignity and Freedom Act to determine her destiny concerning marriage/divorce. She can file her husband for compensation for ‘damage’ according to the Civil Wrongs Ordinance , at the family court.

Can a wife who wants to divorce be ordered to reconcile her marriage at her husband’s request – even if she brings proof that he is having an extra-marital affair ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
No ! Once a rabbinical court accepts evidence brought by the wife proving that her husband is having sex outside marriage , it will not order her to reconcile her marriage (‘Shlom Bayit’) , and will oblige him to divorce, for fear of him passing on sexually transmitted disease to his wife.

Is a list obtained from a phone company detailing the exact dates, times and lengths of hundreds of conversations between a phone line in a husband’s name and that in a certain woman’s name enough evidence for the rabbinical court to order him to grant his wife a “get” on the basis of adultery between the two ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
No ! Such evidence is not enough to tip the scales in a wife’s divorce plea based on adultery, although it would have considerable weight and , together with other evidence, help to create a picture of his activities . The rabbinical court will only order a husband to divorce his wife on grounds of adultery if there is overwhelmingly clear and irrefutable evidence of his unfaithfulness.
Certainly it would be useful for you to obtain this list ,particularly if the times
listed were not daytime working hours. You may be well advised to obtain investigative evidence of adultery.

Could evidence indicating a husband paid for membership to internet dating services help a woman obtain a “get” ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes, such evidence could certainly help, as part of the wife’s evidence to prove that her husband had committed adultery, but is not sufficient on its own. the Ashkelon Rabbinical Court specifically cited documentation presented by a wife proving that her husband had paid for internet dating membership on his credit card as part of the evidence that persuaded it to accept her divorce plea. Other evidence presented by the wife proved the husband had committed adultery a number of times, with different women, the rabbinical court held. It rejected the husband’s plea for “Shalom Bayit” (marital reconciliation), saying that all the evidence indicated that it had been filed for tactical reasons only, and not in good faith.
 

Can a rabbinical court force a wife to accept a divorce if she and her husband have been separated for years and he has had live-in relationships with other women – but she demands ‘shlom bayit’ ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Seemingly not –the Greater Rabbinical Court in a ruling several years ago rejected a husband’s claims that his wife be ordered to accept a ‘get’ because he would never live with her again – and she was only refusing divorce out of revenge. The couple had been living apart for many years and the husband was now in his second live-in relationship with another woman. Despite this the wife objected to his divorce pleas. She said she was willing to accept him back and wanted marital re-conciliation. It was held that even if the wife was acting out of revenge, she had done nothing during the time they lived together that gave her husband grounds for divorce – and a man who had committed adultery should not be rewarded for his negative behaviour and had no right to make his wife accept a ‘get’.
 

How can a wife persuade her husband to come back and agree to ‘shlom bayit’ if he refuses, and asks her to divorce ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
The wife should file a plea for ‘shlom bayit’ (marital reconciliation ) at the rabbinate. If her husband files for divorce there, she should defend herself and try and persuade the rabbinical court that no grounds exist for divorce. The wife’s plea for ‘shlom bayit’ is actually “toothless”; its purpose is to persuade the rabbinical court to exercise its moral authority to try and make the husband save the marriage, but it has no legal authority at all on the issue.
There are situations where a wife may file a plea for ‘shlom bayit’ for tactical reasons. She may not be ready emotionally to divorce, but may be interested in preventing her husband leaving the country, or transferring property, and within the framework of the plea she can apply for appropriate orders to stop these happening.

My marriage has broken down and my husband and I are in the middle of very unpleasant divorce negotiations. We are both Jewish and still live in the marital home. If I have intimate relations with someone else before I am divorced can it jeopardise my financial rights ?

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

Will a wife who is desperate to divorce her violent husband have a hope of succeeding – without giving in to his threat to condition his consent at the rabbinate upon her promise not to bring certain legal action against him ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes – where the husband is proven to be violent then the court can oblige him to divorce – without allowing him to condition his consent on undertakings by his wife to refrain from taking certain legal action. In a case before Jerusalem rabbinical court the husband admitted to extreme violence against his wife, but after she filed for divorce, he said he would agree to end the marriage only if she undertook not to file for child maintenance at the family court – and supplied guarantors. The wife claimed that his demand for guarantors was unreasonable because as a new immigrant she did not know people well enough to ask them to be guarantors. The rabbinical court held that in the circumstances , given the extreme violence involved, the husband must divorce his wife – and said that the wife should make reasonable efforts to find guarantors to speed up the process.
 

 

My husband and I are Jewish. He refuses to give me a divorce. I know he is planning to leave the country to marry another woman with foreign nationality in a civil wedding abroad . I am terrified he will not return and I will be an “aguna” under Jewish law, and will not be able to get a divorce , and my freedom to remarry. Can I do anything to stop him ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes ! A woman in this situation can apply for an emergency ‘stop order’ from the rabbinical court to prevent her husband from leaving Israel, on the grounds of the fear that she will become an ‘aguna’ ( or “abandoned wife”) if he does not return. If the woman has evidence to support the notion that her husband is planning to marry another woman abroad, these can help her persuade the rabbinical court to grant the order.

My wife and I are Jewish and live in the South of Israel. We immigrated several years ago. Because of Kasssam rockets being fired she has become extremely uncomfortable about living here and will hardly go out for fear of a terrorist attack. She wants to return to the States . I don’t. Is her desire to leave Israel a ground for me to divorce her under Jewish law ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Jewish law gives a preference to living in Israel as opposed to the Diaspora .
A spouse’s desire to leave Israel can be sufficient grounds for divorce if held to be unjustifiable given all the circumstances. The built-in bias is not absolute and during periods when “aliyah” was dangerous a spouse’s refusal to emigrate to Israel was considered justifiable, and , therefore, not sufficient to merit grounds for divorce. Your wife’s desire to leave Israel could be grounds for divorce if a rabbinical court felt that her refusal to stay was unjustifiable.
If you do not want to divorce you could apply for “Shlom Bayit” ( plea for marital reconciliation) at the rabbinical court and ask for an order preventing her leaving the country. This may “buy time” and help if the rift in your marriage can be healed. Under Jewish law a wife is expected to respect her husband’s desire to move within the country they live in – so you could suggest a quieter location within Israel and your wife cannot unjustifiably refuse unless she wants to risk losing her right to maintenance.

I come from a traditional Sephardic background, where my mother kept a strictly Kosher kitchen and where we observed Shabbat. My wife comes from Eastern Europe, and is used to eating pig , shell fish and mixing milk and meat. She does not keep a Kosher kitchen and prepares me non-Kosher food. She does not Observe Shabbat either. All this is totally against my upbringing and beliefs. I have asked her time and time again to change her ways but she refuses. I feel I have no choice but to divorce her just because of these and other ways she breaks Jewish law. Is a wife’s non-observance of Shabbat and keeping of a non-Kosher kitchen grounds for divorce under Jewish law ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Transgressing Jewish Law is one of the behavioural – based grounds of divorce available to a Jewish husband. By not keeping Jewish law the wife is regarded as failing her husband and leading her husband astray from the correct path. An example would be where she falsely claims to keep a Kosher home but actually feeds her husband ‘Treife ‘ like pig meat or non-Kosher food . The same applies if she openly desecrates the Sabbath and he observes it. If, however, the husband does not observe the Sabbath he cannot divorce his wife because she does not observe it. Also, if the wife can prove she mistakenly acted in a forbidden manner she will have a defence against her husband’s claim that she knowingly broke Jewish law.
 

My wife suffers from mental problems and I find it very difficult to live with her. She receives psychiatric treatment and is on medically prescribed drugs to ‘balance her’. They make her condition manageable. Nevertheless I want a divorce. Is this possible under Jewish law ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Jewish law distinguishes between severe and irreversible psychiatric/mental conditions which result in the sufferer being totally cut off from reality and less severe conditions where the person does, from time to time, understand what is going on around them, with or without taking medication.
If a Jewish wife suffers from a severe, irreversible psychiatric condition, then she will lack the capacity to consent to divorce. In this situation the husband can apply to the rabbinical court for permission to ‘take another wife’ without divorcing her.
Where a Jewish wife suffers from less severe psychiatric problems and her condition can be ‘balanced’ with medically prescribed drugs so that she does not show symptoms of the mental condition she is prone to , then divorce is possible. She can possess the capacity to understand the concept of divorce with all its implications – and is legally able to consent to it. Her husband can, therefore, file for divorce at the rabbinical court, detailing the grounds. If he manages to prove his case then he will be able to actually divorce, subject to his wife being ‘balanced’ and co-operative at the relevant times.

Am I entitled to divorce my wife under Jewish law because she makes fun of me in front of our children, shouts and humiliates me in front of family and friends? She has even started throwing objects at me .

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes, such behaviour is a transgression of Jewish law, and a ground for divorce. However, if you forgive your wife, either explicitly or implicitly by continuing to live with her and having intimate relations, you cannot then rely on her previous transgressions as grounds upon which you ask the rabbinical court to order her to accept a “get” (divorce).
 

Many years ago my wife was sexually harassed by another man. She brought legal proceedings against him , won and was compensated financially. I want to divorce her. Can use this incident of sexual harassment as a ground for divorce under Jewish law ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
No ! Sexual harassment of a wife by a third party does not constitute grounds for a man to divorce under Jewish law , especially where the husband continued living with her, and was regarded as having accepted the situation.
Furthermore, in your case, the fact that she brought legal action against this man and won indicates very strongly that she was against the advances of this man , and not encouraging him ,and , therefore, was not committing “ugly acts”, which are a discretionary ground for divorce.

I caught my wife writing a love letter to a man. I snatched it from her and won’t give it back. If the rabbinical court sees it, will it be grounds for divorce ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
If the love letter is submitted to the rabbinical court as evidence and it is satisfied that it is genuine i.e. was written by the wife, and that , on the basis of its contents, she was having intimate relations with the man, then it could form the evidential basis of a divorce judgment granted by the rabbinical court on the grounds of adultery. If so, then the wife could lose her maintenance up to the time of her divorce, and her rights under her Ketuba (Jewish marriage contract).

My wife has been having long phone conversations with another man over a considerable period of time. Do I have grounds for divorce ?

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

Yes, if a married woman has endless, long phone conversations with another man over a period of time this could well be divorce grounds for her husband, as her behaviour gives rise to suspicion that she is having intimate relations with this person. Under Jewish law a suspicion of intimate relations on the part of a wife is grounds for a husband to divorce her.

I have discovered that my wife has been advertising herself on internet dating websites. Is this sufficient grounds for divorce under Jewish law ?

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

Although advertising on internet dating website is not itself sufficient evidence of adultery, which is grounds for divorce under Jewish law, it would most probably amount to ‘ugly behaviour’ in the eyes of a rabbinical court. ‘Ugly behaviour’ is – in the eyes of Jewish law and the rabbinical court – negative behaviour on the wife’s part justifying grounds for divorce by the husband as it lays the seeds for adultery. Clearly if you have additional evidence – that she actually communicated and dated – rather than merely advertised over the internet, your case will be stronger.

Is a married woman who communicates with men over the internet and meets them on dates in danger of giving her husband grounds for divorce ?

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

Yes, Communicating with other men over the internet and meeting them as a result gives rise to the suspicion that she is having intimate relations outside of her marriage. Under Jewish law “ugly acts” on the part of a wife e.g. communicating over the internet and meeting them – are divorce grounds for a husband, but the panel of rabbinical judges have considerable discretion in the matter where there is no evidence of full adultery.

My husband and I once took part in group sex with another married couple. He has now threatened to use this against me in divorce proceedings he says he is going to take against me. I do not want to break up the family. Could the rabbinical court order me to divorce because of evidence given by the man I had intercourse with during this group sex ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes, in principle evidence given about a wife’s participation in group sex could be accepted by a rabbinical court dealing with a divorce plea filed by her husband . If it considered that the evidence was strong enough to prove adultery – which is a ground for divorce in Jewish law – then it could order her to divorce. In Jewish law two witnesses are needed to prove any matter. Evidence of a close relative – including that of a husband – bears little weight, but that of another man, for example the other male particpant in the group sex mentioned , can prove decisive, if his testimony is not torn to pieces on cross-examination.

Can a husband have grounds for divorcing his wife under Jewish law if she spends time with other men if adultery cannot be proved ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
If a husband cannot prove adultery but has warned his wife about spending time with other men it may be possible for him to get a rabbinical court to order his wife to accept a divorce . Under Jewish law if two witnesses give evidence about hearing the husband warning his wife not to go to a ‘hidden place’ with another man then grounds may exist for divorce if she disobeys .
 

 

Can a rabbinical court order a woman to divorce her husband is she admits to adultery and living with another man – but there are no witnesses ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
The Greater Rabbinical Court has held that where a wife admits adultery or cohabitation with another man but there are no witnesses the rabbinical court can recommend that she divorce, but it cannot oblige her to do so.
 

I have discovered that my wife has been cheating on me for sometime now. I cannot accept her behaviour, and don’t want to forgive her. Can I get a divorce at the rabbinical court ?

Marriage and Divorce Husband's Means of Legal Action in Jewish Divorce
Yes, adultery is a recognisable ground for divorce under Jewish law.
If your wife does not want to divorce, but you do and file for it at the
rabbinical court, you will need to produce evidence, unless of course she
admits to it, which is rare.
Alternatively, if your wife agrees to divorce, you can proceed to work on a comprehensive settlement covering finance, child custody etc.
 

I only got married to my husband a few months ago. Am I entitled to file for divorce even if he does not agree to divorce ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes ! A Jewish wife is entitled to initiate divorce proceedings without her husband’s permission, however short the marriage. However, she will only be entitled to divorce if she can prove grounds for divorce according to those recognized by Jewish law , at the rabbinical court , if the husband does not consent to end the marriage.

My husband wants to leave Israel. I don’t. Do I have grounds for divorce under Jewish law because he wants to leave Israel ? I have nothing else against him.

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Jewish law regards Israel favourably as regards to the Diaspora as a place of residence.A spouse’s desire to leave Israel may be a sufficient ground for divorce if their refusal to live here is unjustifiable.
A rabbinical court decides on the matter given the circumstances of the particular case . During different periods of history it has been held that refusal to make “aliyah” (immigration to Israel) has been justifiable where the journey was particularly difficult or dangerous.

Can a woman divorce her husband who is emotionally disturbed ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Where there is doubt about a husband’s emotional state and his legal capacity, the wife must wait for the ‘all clear’ regarding his ability to attend a divorce hearing. The Rehovot District Rabbinical Court decided not to set a date for a divorce hearing until medical reports were received showing an improvement in the husband’s mental state. It said it should be expressly stated that he was able to “stand trial”, as earlier it had been said that he did not to understand the divorce process .
 

Is Schizophrenia a ground for divorce under Jewish law ?

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

yes.

Must someone who wishes to marry but who has in the past been committed to a mental institution declare this to his/her potential spouse beforehand, under Jewish law ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes. Under Jewish law someone about to marry has a duty to disclose his/her full mental/emotional history before marriage. This point was emphasized in a judgment by Zefat (Safed) Rabbinical Court several years ago, in which it ordered the husband to divorce the wife. He had been imprisoned twice for physical violence to her . She claimed that before their marriage he had admitted to having been under supervision for emotional problems but had concealed the gravity of the situation and the fact that he had been institutionalized on six separate occasions in three different mental hospitals. His failure to reveal this amounted to grave deception , it held, but not grounds for cancelling the marriage from the outset . However, it did support her claim of divorce based on the grounds of ‘being fed up’.

My husband has been in a mental hospital for years and “lost his mind” completely. He has no hope of recovery and 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 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 property relations’ agreement drawn up professionally, setting out their mutual rights and obligations.

My husband is addicted to hard drugs and takes them in front of the children. I told him I want a divorce. He refuses to discuss the subject, saying he loves me, wants to keep our marriage and will ‘get better’. Can the rabbinical court force him to give me a divorce ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes – the rabbinical court can pass a judgment obliging a drug addict to divorce his wife if he cannot rehabilitate himself, but it is likely to give him the opportunity to do so first.

My husband turned to drink after his business started running into financial difficulty. He is now an alcoholic, though he won’t admit it and will not go for treatment. He has ceased to function in many respects . He cannot support me and the children financially. We no longer have any sex life as he cannot function sexually under the influence of alcohol. Can I divorce him because of his addiction to alcohol ? We are both Jewish.

Marriage and Divorce Divorce Between Jews
Under Jewish law a man who cannot satisfy his wife sexually or support her financially is not fulfilling his duties as a husband according to their Ketuba (marriage contract). A Jewish woman whose Jewish husband is addicted to alcohol and ,as a result of his addiction, fails to perform these two duties has grounds for divorce.

We have never been well off as a married couple, always having to scrimp and save. My husband is in regular employment on an average salary. Since the start of the recession , however, he seems to have become depressed and out of hopelessness has started spending more and more money every week on lottery tickets and football pools.This gambling mania is getting out of hand . Does Jewish law allow a wife to divorce her husband because of his addiction to gambling ?

Marriage and Divorce Divorce Between Jews
If the results of a husband’s gambling habits adversely affect marital life so that he is not fulfilling his duties according to Jewish law – in particular supporting his wife and children financially – then the wife has grounds for divorce.
Furthermore, if a husband’s gambling addiction results in other forms of negative behaviour which are recognised under Jewish law as grounds for divorce- e.g.  physical and verbal violence – then the wife may have additional legal cause when she files to end their marriage at the rabbinical court.

My marriage has been on the rocks for a long time and I wish to divorce. I do not work outside the home. My husband refuses to support me as part of his war against me. I have to keep borrowing from friends and family. He has warned me that he will never give me a divorce. What should I do ? We’re both Jewish.

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

Under Jewish law a husband has a duty to support his wife and children. In your situation you could file for maintenance for yourself at the family court and at the same time file for divorce at the rabbinical court. A Jewish wife has a right to maintenance as long as she is married. She can file for maintenance both at the family court and at the rabbinical court but it is normally better to do so at the former.

I am terrified of having sex with my husband because of the risk of catching Aids . Before we met he had just finished a drug rehabilitation programme. Now he’s back on hard drugs . We are both Jewish. Can I get a divorce ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes. Under Jewish law a wife is entitled to divorce her husband if he is a hard drug addict because he is in a high-risk group for catching Aids, and therefore, her potential murderer as he can transmit the deadly disease to her through sex, it has been decided in the rabbinical court.

Can I get a divorce because my husband can’t get me pregnant? We’re both Jewish and have tried for a baby without success for years. My husband suffered an injury to the lower part of his body which stopped him producing sperm. The fertility clinic says there is no hope of him impregnating me. He won’t hear of me having sperm from a donor. I don’t want to adopt .I am young and fertile, although my biological clock is ticking away. I fantasize about re-marrying and having my own baby with someone else.

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes, a husband’s fertility is a ground for divorce under Jewish law. If you can meet certain pre-conditions set aside by Jewish law, and prove that your husband is totally infertile, then the Rabbinical Court could make him divorce you.
Under Jewish law, if you want to divorce your husband because he can’t give you children you must(1) have been married at least 10 years, (2) have had no children together and (3) you must clearly want children and show you are medically capable if bearing them and that the problem lies with your spouse. Your greatest legal challenge will lie in proving your husband’s infertility – obtaining the necessary medical evidence.

My husband is impotent. He cannot get a proper erection and has a low sperm count. I have had enough. Can I get a divorce under Jewish law because he is impotent ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes, you could though impotency is a problematic ground under Jewish law. Firstly, aside from whether you already have children, whether by your present husband or whether from a previous marriage, you are entitled to intimate relations and sexual enjoyment with your current husband, who under Jewish law, has a marital obligation to fulfil you sexually. Today, with the advances in treatment of sexual problems, your husband’s impotency may be curable. If it is temporary, then you have no grounds for divorce but if suitable evidence is provided that his affliction is incurable, then you should be entitled to a divorce on this ground.

I do not love my husband any more, and am totally fed up with him. Is this sufficient grounds for divorce under Jewish law ? I still consent to having sex when he initiates it.

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Not loving one’s spouse can be regarded as “being fed up” with him, which is grounds for a woman to divorce her husband under Jewish law. However, having intimate relations runs counter to this ground for divorce, so that a wife who is “fed up” with her husband does not have grounds for divorcing him if she continues to have intimate relations with him.

My relationship with my husband has deteriorated terribly. He has refused to have sex with me for several years, though he is perfectly capable of doing so physically . We’re both Jewish. Can I get a divorce ?

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

Yes. Under Jewish law, a man has a marital obligation to fulfil his wife sexually. Now, if he is perfectly capable of having sex with you, but merely refuses to do so, then he is potentially a “rebellious husband”, though this is difficult to prove – as usually each side blames the other for refusing to have sex . If, however, you are successful in proving this at the rabbinical court then you will be entitled to a “get” (Jewish divorce) from him.

My husband is extremely hurtful. He is really nasty to me, bullies me, says I am useless and shouts and curses me. He also says terrible things to me about my parents and my brothers and sisters. He forbids me visiting my family.I can’t stand it any longer. Can I divorce him because of all this?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Yes, Jewish law recognises a husband’s extremely negative behaviour as a ground for divorce.The behaviour you have described certainly sounds sufficient grounds for divorce, under Jewish law.

My husband has become physically violent. He slaps me round the face regularly, pushes me against the wall, or even onto the floor if I disagree with him, or displease him. Will the rabbinate give me a divorce because of his violent behaviour ?

Marriage and Divorce Wife's Means of Legal Action in Jewish Divorce
Physical violence is a ground for divorce in Jewish law. You will need proof though. If you have documentation at hand ( for example, complaints you made to the police or medical reports if you had to go to hospital or your doctor regarding injuries sustained in one of the attacks), then hold on to it. If not, and there is a re-occurrence of violence ,lodge a complaint with the police and go to your doctor/hospital.

I only got married to my husband a few months ago. Am I entitled to file for divorce even if he does not agree to divorce ?

Marriage and Divorce Divorce Between Jews
Yes ! A Jewish wife is entitled to initiate divorce proceedings without her husband’s permission, however short the marriage. However, she will only be entitled to divorce if she can prove grounds for divorce according to those recognized by Jewish law , at the rabbinical court , if the husband does not consent to end the marriage.

My husband wants to leave Israel. I don’t. Do I have grounds for divorce under Jewish law because he wants to leave Israel ? I have nothing else against him.

Marriage and Divorce Divorce Between Jews
ewish law regards Israel favourably as regards to the Diaspora as a place of residence.A spouse’s desire to leave Israel may be a sufficient ground for divorce if their refusal to live here is unjustifiable.
A rabbinical court decides on the matter given the circumstances of the particular case . During different periods of history it has been held that refusal to make “aliyah” (immigration to Israel) has been justifiable where the journey was particularly difficult or dangerous.

Can a woman divorce her husband who is emotionally disturbed ?

Marriage and Divorce Divorce Between Jews
Where there is doubt about a husband’s emotional state and his legal capacity, the wife must wait for the ‘all clear’ regarding his ability to attend a divorce hearing. In 1998 Rehovot District Rabbinical Court decided not to set a date for a divorce hearing until medical reports were received showing an improvement in the husband’s mental state. It said it should be expressly stated that he was able to “stand trial”, as earlier it had been said that he did not to understand the divorce process .
 

 

Is Schizophrenia a ground for divorce under Jewish law ?

Marriage and Divorce Divorce Between Jews

Yes.

Must someone who wishes to marry but who has in the past been committed to a mental institution declare this to his/her potential spouse beforehand, under Jewish law ?

Marriage and Divorce Divorce Between Jews

Yes. Under Jewish law someone about to marry has a duty to disclose his/her full mental/emotional history before marriage.

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

Marriage and Divorce Divorce Between Jews
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 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 property relations’ agreement drawn up professionally, setting out their mutual rights and obligations.

My husband is addicted to hard drugs and takes them in front of the children. I told him I want a divorce. He refuses to discuss the subject, saying he loves me, wants to keep our marriage and will ‘get better’. Can the rabbinical court force him to give me a divorce ?

Marriage and Divorce Divorce Between Jews
Yes – the rabbinical court can pass a judgment obliging a drug addict to divorce his wife if he cannot rehabilitate himself, but it is likely to give him the opportunity to do so first.

My husband turned to drink after his business started running into financial difficulty. He is now an alcoholic, though he won’t admit it and will not go for treatment. He has ceased to function in many respects . He cannot support me and the children financially. We no longer have any sex life as he cannot function sexually under the influence of alcohol. Can I divorce him because of his addiction to alcohol ? We are both Jewish.

Marriage and Divorce Divorce Between Jews
Under Jewish law a man who cannot satisfy his wife sexually or support her financially is not fulfilling his duties as a husband according to their Ketuba (marriage contract). A Jewish woman whose Jewish husband is addicted to alcohol and ,as a result of his addiction, fails to perform these two duties has grounds for divorce.

We have never been well off as a married couple, always having to scrimp and save. My husband is in regular employment on an average salary. Since the start of the recession , however, he seems to have become depressed and out of hopelessness has started spending more and more money every week on lottery tickets and football pools.This gambling mania is getting out of hand . Does Jewish law allow a wife to divorce her husband because of his addiction to gambling ?

Marriage and Divorce Divorce Between Jews
If the results of a husband’s gambling habits adversely affect marital life so that he is not fulfilling his duties according to Jewish law – in particular supporting his wife and children financially – then the wife has grounds for divorce.
Furthermore, if a husband’s gambling addiction results in other forms of negative behaviour which are recognised under Jewish law as grounds for divorce- e.g.  physical and verbal violence – then the wife may have additional legal cause when she files to end their marriage at the rabbinical court.

My marriage has been on the rocks for a long time and I wish to divorce. I do not work outside the home. My husband refuses to support me as part of his war against me. I have to keep borrowing from friends and family. He has warned me that he will never give me a divorce. What should I do ? We’re both Jewish.

Marriage and Divorce Divorce Between Jews
Under Jewish law a husband has a duty to support his wife and children. In your situation you could file for maintenance for yourself at the family court and at the same time file for divorce at the rabbinical court. A Jewish wife has a right to maintenance as long as she is married. She can file for maintenance both at the family court and at the rabbinical court but it is normally better to do so at the former.

I am terrified of having sex with my husband because of the risk of catching Aids . Before we met he had just finished a drug rehabilitation programme. Now he’s back on hard drugs . We are both Jewish. Can I get a divorce ?

Marriage and Divorce Divorce Between Jews
Yes. Under Jewish law a wife is entitled to divorce her husband if he is a hard drug addict because he is in a high-risk group for catching Aids, and therefore, her potential murderer as he can transmit the deadly disease to her through sex, it has been decided in the rabbinical court.

Can I get a divorce because my husband can’t get me pregnant? We’re both Jewish and have tried for a baby without success for years. My husband suffered an injury to the lower part of his body which stopped him producing sperm. The fertility clinic says there is no hope of him impregnating me. He won’t hear of me having sperm from a donor. I don’t want to adopt .I am young and fertile, although my biological clock is ticking away. I fantasize about re-marrying and having my own baby with someone else.

Marriage and Divorce Divorce Between Jews
Yes, a husband’s fertility is a ground for divorce under Jewish law. If you can meet certain pre-conditions set aside by Jewish law, and prove that your husband is totally infertile, then the Rabbinical Court could make him divorce you.
Under Jewish law, if you want to divorce your husband because he can’t give you children you must(1) have been married at least 10 years, (2) have had no children together and (3) you must clearly want children and show you are medically capable if bearing them and that the problem lies with your spouse. Your greatest legal challenge will lie in proving your husband’s infertility – obtaining the necessary medical evidence.

My husband is impotent. He cannot get a proper erection and has a low sperm count. I have had enough. Can I get a divorce under Jewish law because he is impotent ?

Marriage and Divorce Divorce Between Jews

Yes, you could though impotency is a problematic ground under Jewish law. Firstly, aside from whether you already have children, whether by your present husband or whether from a previous marriage, you are entitled to intimate relations and sexual enjoyment with your current husband, who under Jewish law, has a marital obligation to fulfil you sexually. Today, with the advances in treatment of sexual problems, your husband’s impotency may be curable. If it is temporary, then you have no grounds for divorce but if suitable evidence is provided that his affliction is incurable, then you should be entitled to a divorce on this ground.

I do not love my husband any more, and am totally fed up with him. Is this sufficient grounds for divorce under Jewish law ? I still consent to having sex when he initiates it.

Marriage and Divorce Divorce Between Jews
Not loving one’s spouse can be regarded as “being fed up” with him, which is grounds for a woman to divorce her husband under Jewish law. However, having intimate relations runs counter to this ground for divorce, so that a wife who is “fed up” with her husband does not have grounds for divorcing him if she continues to have intimate relations with him.

My relationship with my husband has deteriorated terribly. He has refused to have sex with me for several years, though he is perfectly capable of doing so physically . We’re both Jewish. Can I get a divorce ?

Marriage and Divorce Divorce Between Jews
Yes. Under Jewish law, a man has a marital obligation to fulfil his wife sexually. Now, if he is perfectly capable of having sex with you, but merely refuses to do so, then he is potentially a “rebellious husband”, though this is difficult to prove – as usually each side blames the other for refusing to have sex . If, however, you are successful in proving this at the rabbinical court then you will be entitled to a “get” (Jewish divorce) from him.

My husband is extremely hurtful. He is really nasty to me, bullies me, says I am useless and shouts and curses me. He also says terrible things to me about my parents and my brothers and sisters. He forbids me visiting my family.I can’t stand it any longer. Can I divorce him because of all this?

Marriage and Divorce Divorce Between Jews
Yes, Jewish law recognises a husband’s extremely negative behaviour as a ground for divorce.The behaviour you have described certainly sounds sufficient grounds for divorce, under Jewish law.

Can a foreign resident – who refuses to divorce – be prevented from leaving Israel by a rabbinical court if he arrives on a visit, and his wife is also a foreign resident ?

Marriage and Divorce Divorce Between Jews

Quite possibly, depending on the circumstances.

Is it possible that the date on which a divorce agreement is signed or authorized is actual later than the date on which the parties, both Jews, actually divorced in a ceremony according to law ?

Marriage and Divorce Divorce Between Jews
Yes, in certain circumstances, although normally the divorce agreement comes before the ceremony itself. Jewish couples reaching an agreement over divorce usually submit it to the rabbinical court for authorization at a hearing, and incorporation into a divorce judgment first. A date is then set for the divorce ceremony itself. However, where there is a dispute between the parties, usually over custody or property, the rabbinical court can ‘manipulate’ the parties positively and suggest they reverse the order – and divorce first and get the problem solved later, either by the rabbinical court ruling on it, or by the parties agreeing to the rabbinical court deciding on the outstanding issue in dispute. This is to avoid the undesired situation where the rabbinical court issues a divorce judgment – but then finds that one party who feels hard done by refuses to co-operate in the actual divorce ceremony. According to Jewish law, there must be mutual consent and free will on the part of both parties i.e. the man has to give the wife the ‘get’ (divorce document) willingly and she must accept it willingly for the divorce to be valid.

I know my wife has been having an affair with a friend of mine who is divorced. I am so hurt by this and want a divorce. Can I prevent my wife from marrying this man ?

Marriage and Divorce Divorce Between Jews

Yes – if adultery is proved! The rabbinical court can forbid a woman from marrying a specific man, and stating this outright in the divorce judgment, if adultery is proved.

My husband and I are Jewish and I am considering divorce. Would I have any financial claims against him after divorce ?

Marriage and Divorce Divorce Between Jews
You would have no right to maintenance from him once you divorce. Under Jewish law he is obliged to support you as long as you are married even if you are separated if there is a legally justifiable reason for this. Sometimes a man agrees to support his wife financially after divorce – in his divorce agreement – but he is under no obligation to do so.
Regarding property rights and divorce see Property Rights & Agreements sections. Sometimes a wife is unaware that she is entitled to some of her ex-husband’s pension rights/social benefits.

I am considering divorce and want to know what my obligations will be afterwards towards my ex-wife and our children. I agree that she should have custody of the children as they are young. We are both Jewish.

Marriage and Divorce Divorce Between Jews
Under Jewish law once a man is divorced he is under no financial obligation to support his ex-wife, though he can agree to do so. He is obliged to give her maintenance during the marriage if they were married in a Jewish religious ceremony.

How can a party proceed with divorce if the other spouse denies that their private wedding ceremony took place,and claims the ‘Ketuba’ is a forgery ?

Marriage and Divorce Divorce Between Jews

If there were guests who were present at the alleged marriage ceremony then they can give evidence as to its existence. This happened in an unusual case before the Rehovot Rabbinical Court .

Does a woman who converts to Judaism but marries only in a civil ceremony abroad and not in a religious ceremony need a ‘get’ to marry under Jewish law ?

Marriage and Divorce Divorce Between Jews

Much depends on the particular circumstances. Normally two Jews who marry in a civil ceremony abroad still have to go through the rabbinical court if they wish to divorce as a ‘doubting’ get may be required.

Will a rabbinical court dealing with a plea to oblige or compel a party to divorce allow him/her to condition his/her consent on the other agreeing to forego child custody ?

Marriage and Divorce Divorce Between Jews
No – Custody claims are independent and should not be given any weight in a divorce hearing over whether to oblige or compel a party to divorce, according to a Greater Rabbinical Curt ruling.

Can a rabbinical court order “Shlom Bayit” (marital reconciliation ) and not at a hearing because the husband asks the wife, to forgive him for being violent, and Jewish law obliges her to accept his apology ?

Marriage and Divorce Divorce Between Jews
Yes, in certain circumstances, but no, in others. Although proven violence is a ground for divorce under Jewish law, if the husband files for ‘shlom bayit’ (marital re-conciliation) at the rabbinical court, it has discretion over the matter. It can order him to divorce, recommend him to do so, or even order marital re-conciliation, depending on its perception of the circumstances .

My husband and I lived together in the South . We split up, I moved back to the Galilee kibbutz where I grew up and he went to live with his family in the north. We want to divorce. When I enquired I was told that the divorce plea has to be filed at the rabbinical court where we last lived together. Is this so, or can it be made at a location more convenient to both of us, in the north ?

Marriage and Divorce Divorce Between Jews
Yes, quite possibly ! In principle the Rabbinical Court Regulations states that pleas between spouses are to be made at the district rabbinical court in the area where they live or last lived together. However, the regulations also state that an agreement can be made regarding local jurisdiction . Thus a husband and wife who no longer live together and who have moved to a different part/s of the country can decide on a mutually- convenient geographical location . The rabbinical court at which they choose to file their plea reserves the right not to accept its jurisdiction even where the sides have made an agreement, but it must give reasons.

I converted to Judaism in order to marry my husband in a Jewish ceremony . We have a baby and are now in the process of divorce. I have heard about the forged conversion scandal and suspect something fishy because my conversion papers came through very quickly . As a new immigrant I let him ‘take care’ of everything. If my documents are ‘forged’ what implications would this have for me if I want to divorce ?

Marriage and Divorce Divorce Between Jews

Basically if conversion papers are forgeries then this would mean that a woman in this situation would not be Jewish and her marriage would be void if she ‘married’ in a Jewish ceremony. If this were so, then there would be no need for her to obtain a divorce. She would be entitled to file for custody and maintenance for any minor child,and division of property at the family court.

What is the position when a couple agree to divorce – and the ‘get’ at the rabbinate goes ahead – but it transpires that the wife tricked the husband into divorcing in their divorce agreement dealing with finances which was authorized at the family court ?

Marriage and Divorce Divorce Between Jews
When there is a breach of a divorce agreement upon the basis of which the husband agreed to give his wife a ‘get’ there are ” weighty questions of Jewish law concerning the validity of the divorce” . It held that breach of the divorce agreement can lead to the ‘get’ (Jewish divorce) being invalid.

If my spouse finally agrees to sign a divorce agreement how can this actually be enforced so that I will be divorced under Jewish law ?

Marriage and Divorce Divorce Between Jews
For Jews often the most problematic area of a divorce agreement for Jews concerns the divorce itself . Firstly, if they submit the signed divorce agreement covering issues such as child custody, maintenance and property , for authorisation at the family court all the other issues can be incorporated into a judgment , given them full legal validity, but the paragraph(s) relating to the divorce itself cannot be touched. Divorce between Jews is under the exclusive jurisdiction of the rabbinical court. Therefore, the part of the divorce agreement relating to divorce can only be authorised by a rabbinical court, where a divorce judgment can be given. Some parties authorise the whole agreement at the rabbinical court.
 
Secondly, although mutual consent is a ground for divorce under Jewish law the actual agreement to divorce cannot be enforced because this could interfere with the ‘get’ process. A ‘get’ (Jewish divorce deed) must be given and accepted with full consent and out of free choice.
In exceptional circumstances, use is made of sanctions against a husband who refuses to give his wife a divorce but only a ‘get’ given with full consent and out of free choice has legal validity.

I am separated and have live abroad with the children for some time now . My husband still lives in Israel. We are both Jewish. It looks as if he will finally file for divorce at the rabbinical court in Israel. Does this mean that it will automatically hear the case for child custody ?

Marriage and Divorce Divorce Between Jews

Not necessarily.

Will the fact that a court abroad has granted a civil divorce have any effect on divorce proceedings between the couple in an Israeli rabbinical court ?

Marriage and Divorce Divorce Between Jews
No – according to the Supreme Court of Justice ruling in the Ron petition case. There it was held: “ It should be stated that the fact that the court in New York ordered the couple to be divorced does not have any influence on the proceedings before the rabbinical court in Israel, as the civil divorce order given in the United States, does not have the power to dissolve the Jewish marriage of the couple” .
 

If a Jewish couple married in a civil wedding ceremony in the States and later in a traditional religious one in Israel where can or should they divorce if she remains abroad and he has returned home to Israel ?

Marriage and Divorce Divorce Between Jews
Firstly, it is preferable for a couple in this situation to have both a civil and a religious divorce and be regarded as legally divorced in both countries. If not, one of them might wish to remarry and then discover that he/she was still regarded as married in one of the countries.
Regarding the religious divorce or “get” a rabbinical court in Israel has exclusive jurisdiction to decide on the divorce of two Jews who are citizens or residents of Israel wherever they got married in the world, and no matter in what ceremony.
On the civil front, the couple should go through the civil divorce procedure according to the American state in which they married.

How can an Israeli citizen living abroad get divorced from his Jewish wife without flying over to Israel where she lives, if she agrees ?

Marriage and Divorce Divorce Between Jews

Presuming there is mutual consent or a valid divorce judgment from a rabbinical court having jurisdiction over the matter, depending on the circumstances, the divorce deed itself (the ‘get’) can be drawn up abroad, if there is a rabbinical court in that country which the Chief Rabbinate in Israel recognises as having jurisdiction . The husband can then give the ‘get’ to a ‘sending’ messenger of the rabbinical court who, acting on his behalf, can physically hand it over to his wife in Israel, or to a special ‘acceptance’ messenger representing her, either in Israel or abroad.

Can a husband who has nominated a messenger to deliver his ‘get’ to his wife cancel this even though the messenger is on his way ?

Marriage and Divorce Divorce Between Jews
Until the ‘get’ is actually received properly according to Jewish law , the wife is still married. If the husband changes his mind and decides not to divorce he can do so – even though the messenger may be on his way to the wife/her messenger to deliver the ‘get’. Furthermore, he can prevent a valid divorce taking place even if his messenger did not know of the cancellation and he delivers the document. To be valid, the cancellation must be made before witnesses.
This still applies even if the husband undertakes not to cancel the messenger’s task when when he nominates him to act on his behalf. If he does subsequently change his mind, Jewish law will uphold the cancellation . This is because otherwise the validity of the ‘get’ would be questionable – as it could be argued that the ‘get’ would not be given by consent and freely. If, despite all this, the ‘get’ is given to the wife and she or her representative receives it, after the husband has changed his mind , the divorce ceremony will not be valid and her status will remain that of a married woman.

I have just attended a name-reading session at a rabbinical court designed to ascertain just what names should be written in my ‘get’. The rabbinical court judge took down my wife’s details , mine and that of our parents. I am a new immigrant and suspect that he misunderstood some of the instructions about spelling, though when I queried him he insisted he had understood perfectly. I was too embarrassed to argue with him. What would happen if our names were wrongly written in the ‘get’ and yet a divorce ceremony was conducted using it ?

Marriage and Divorce Divorce Between Jews
Firstly, it is preferable to double or even treble check the spelling of all names required so that any mistakes can be corrected before the actual ‘get’ ceremony takes place . All names used by the parties, including nicknames, and parents’ names must be included, and spelt accurately.
If there is a mistake in the ‘get’, it renders it void according to Jewish Law (Din Torah). This has grave consequences for the woman. If the mistake is only discovered after the divorce ceremony, then a woman, who thought she was divorced would actually be still regarded as married. If she had remarried before the mistake was discovered, it is likely that she will have to leave her second husband and any children they had together will be bastards (‘’Mamzer’im’ ). The solution would be to make a new ‘get’ which corrected the mistakes, and to conduct the divorce ceremony again, to end the marriage properly

I cannot bear the idea of seeing my husband and having him hand me over the ‘get’. He is an extremely violent person – because of this the rabbinical court ordered him to grant me a divorce . Can I receive my ‘get’ without being physically present at the ceremony ?

Marriage and Divorce Divorce Between Jews
Yes! There is no need for a wife to receive the ‘get’ from her husband in person. Jewish law permits the use of messengers in the divorce ceremony .Two types of messenger are recognized in this context – the ‘sending’ messenger, and the ‘receiving’ messenger. The ‘sending’ messenger represents the husband, and his role is to pass the ‘get’ to the wife, or to her messenger or representative. The ‘receiving ’ messenger’s role is to receive the ‘get’ from the husband or his messenger.
Where a husband and wife live in the same country but want to avoid meeting at the actual divorce ceremony it is usual for the husband to give the ‘get’ to his own messenger and once he has left the rabbinical court the wife then appears there to receive the ‘get’ from the messenger.Alternatively, the wife can appoint a messenger to receive the ‘get’ for her. The use of two sets of messengers usually occurs where the parties live in different countries.
A messenger or representative must be nominated carefully by the rabbinical court in a special document permitting him to act on behalf of one of the sides in the divorce ceremony. This is shown to the husband/his messenger before the ‘get’ is accepted on behalf of the wife, and before it is finally given to her.
Until the ‘get’ is actually received properly according to Jewish law , the wife is still married.

What is involved in the actual Jewish divorce ceremony ?

Marriage and Divorce Divorce Between Jews
Jewish divorce is carried out by the writing of the divorce document which must be given to the wife by the husband – with both the giving and acceptance being by consent and free will.
It does not matter if the parties agreed to divorce – or whether the rabbinical court passed a divorce judgment after being satisfied that one of the parties had proved that grounds existed for ending the marriage under Jewish law. The procedure is the same in both cases.
The husband gives instructions to the scribe for the handwritten drafting of the divorce document ‘ in his name, in her name and in the name of the get’ using a quill pen . This is done under the supervision of the rabbinical court to prevent or minimize errors which could lead to the disqualification of the ‘get’. Only persons knowledgable and experienced in the task are allowed to be involved in the preparation of a ‘get’.
Great care is taken to write the exact wording required according to Jewish law and to ensure that the parties names are accurately recorded. Both official names and nicknames must be recorded as well as their fathers’ names. The date of the ‘get’ and the place in which it was written must be recorded. All this is to prevent mistaken identity – and possible later misuse of a ‘get’ .
Once the get is written and is signed by witnesses , the husband gives it to the wife who must accept it , in the open palms of her hands. The husband places the ‘get’ into the open , outstretched palms of his wife’s hands. The rabbinical court orders her to close the palms of her hands and to raise her arms, still holding the ‘get’. Sometimes the woman is asked to place the ‘get’ under her armpit , or even to walk towards the door or to the corner where the religious judges are sitting. All these gestures are designed to express that the ‘get’ is her property. Once the process is completed properly, the couple are divorced.

I married in a Reform Synagogue in England. and divorced under U.K. law. I now live in Israel and wish to re-marry someone Jewish here. Do I need to go to the Rabbinate here in Israel – my ‘ex’ back in the U.K. says she will co-operate if I need her help ?

Marriage and Divorce Divorce Between Jews
Yes – you will need a Jewish religious divorce from the Rabbinical Court
(Orthodox) in order to be able to remarry under Jewish law. Mutual consent is sufficient grounds and a special rabbinical procedure can be arranged which allows for the divorce ceremony to take place without you both having to be present and meet.

Which court in Israel will deal with my divorce if my husband and I married in a Conservative Synagogue in the U.K before we made “Aliyah” ?

Marriage and Divorce Divorce Between Jews
Only the Rabbinical Court (Orthodox ) which is the only official or recognized religious court for Jews in Israel.
 

Can a rabbinical court cancel a civil marriage performed abroad between two Jews ?

Marriage and Divorce Divorce Between Jews
No ! Even though a rabbinical court in Israel will not recognize such a union as being valid, it has no jurisdiction to cancel it. A similar result, however, can be achieved by asking the rabbinical court in Israel to pass a judgment declaring both the parties as being free to marry under Jewish law. In practice, however, as the marriage abroad is still likely to leave some doubt about whether the parties “dedicated themselves” to one another, to be on the safe side the rabbinical court is likely to give instructions for the preparation of a ‘get’ (Jewish divorce).
 

My husband and I are both Jewish but we got married in a civil ceremony abroad out of choice because we are both very secular. We are considering divorce . Do we have to go to the rabbinate if we want to organize the divorce here . in Israel?

Marriage and Divorce Divorce Between Jews
Yes, if you want to divorce in Israel. The Rabbinical Courts have exclusive jurisdiction on matters of marriage and divorce between two Jews who are residents or citizens of Israel, no matter where or in what kind of ceremony they married. Although Jewish law only recognizes a Jewish religious marriage as valid a Jewish couple who married in a civil ceremony abroad will still have to go through the rabbinate to get a special kind of divorce to erase any doubt . You also need this if you wish to remarry, according to Jewish law.

I have filed my husband for divorce at the rabbinate due to his extra-marital affairs. He left a message on my answer- phone jeering that I would be an ‘aguna’ (abandoned wife) and that he was planning to leave on a world tour with his lover. Can I stop him ?

Marriage and Divorce Divorce Between Jews

Yes. Under the Rabbinical Courts ( Obedience Enforcement ) Act of 1956 if a rabbinical court considers that the wife has brought credible evidence and has a good chance of succeeding in her divorce plea , then it can grant an order preventing the husband from leaving Israel if there is a substantial risk that his departure would result in the wife becoming an ‘aguna’.

What is the attitude of the rabbinical courts when one party in a second marriage wants divorce, and the other side files for marital reconciliation ?

Marriage and Divorce Divorce Between Jews

The rabbinical courts do not make an effort to encourage marital reconciliation where parties both marry second time round, especially where the marriages are short. The rabbinical courts do not hold up much hope for saving such unions, and are quick to see through pleas for ‘shalom bayit ‘(marital reconciliation) where they are filed for tactical (usually financial) reasons.

Can two members of the Greek Orthodox Church who live in Israel but who married abroad in a civil ceremony divorce here ?

Marriage and Divorce Divorce Between Christians

Yes. Greek Orthodox Christians can divorce in Israel as their faith is recognised and has its own court system which has jurisdiction over the matter. This is so even if they married in a civil ceremony abroad.

My wife and I are Roman Catholics living in Israel. I would like to divorce but am forbidden from doing so by the principles of our church. Can I apply to the Family Court for permission to marry another woman ?

Marriage and Divorce Divorce Between Christians
No ! Under Israeli Law the Roman Catholic Church has its own court system which has sole jurisdiction over matters of personal status, such as yours, where both parties are of its religious affiliation. Where divorce is not an option, there is a process of Nullification of Marriage, whereby a union can be nullified or cancelled, as if it were never valid in the first place. This may or may not be relevant , according to your particular circumstances .
In any case, the court system of the Roman Catholic Church will have exclusive jurisdiction over any issues concerning your marriage , including its validity/cancellation or ways of ending it. Accordingly, the family court (the civil system) has no jurisdiction over the matter and cannot dissolve your marriage, or give any permission for you to marry another woman.

Can two Anglicans divorce in Israel ?

Marriage and Divorce Divorce Between Christians
They cannot divorce in Israel according to religious law because the Anglican faith is not recognised here but they can go through the civil process of dissolution of marriage .
Proceedings should be initiated at the family court and the process will be shorter than usual because the Anglican faith is not officially recognised in Israel and has no court system of its own. There will, therefore, be no need for the deputy president of the family court to ask for legal opinions from a religious court, and he will rule that the family court has jurisdiction over the dissolution of the parties’ marriage . Mutual consent is sufficient grounds.

How can a Protestant who is married and lives in Israel get divorced here?

Marriage and Divorce Divorce Between Christians
Firstly, the Protestant faith is not recognised in Israel in that it has no court system dealing with the personal law of its members. Accordingly, if two protestants who married overseas live in Israel and wish to divorce here there is no possibility of doing this according to any religious Christian court. They can, however, gain a civil divorce. They will have to go through the Dissolution of Marriage procedure . As the Protestant faith is not recognised in Israel this process will be relatively quick as there will be no need to obtain any opinions from religious courts. Jurisdiction to dissolve the marriage will lie with the family court which will then deal with ending the marriage.
If a Protestant is married to a non-Protestant and wishes to divorce the process is also a civil one, by Dissolution of Marriage. Again, there will be no need to gain an opinion from the Protestant side as the faith is not recognised here and no-one has jurisdiction to give such an opinion. However, if the other spouse is a member of a recognised religious faith there will be a need to gain an opinion regarding jurisdiction over the matter. In the case of a ‘mixed’ religious matter the Deputy President of the family court has to decide which court has jurisdiction to dissolve the matter – but this again most probably lie with the family court.

My husband and I are Christians, members of the same faith. We were married in church in England. We no longer regard ourselves as religious, and do not practice our faith at all. Can we go through a civil process to end our marriage in Israel, or do we still have to go through the church ?

Marriage and Divorce Divorce Between Christians
Only certain Christian faiths are recognised in Israel, and have their own religious courts having jurisdiction over marriage and divorce of members of their faith. If a married Christian couple are members of a faith that is not recognised in Israel and does not have its own court system (e.g. if they are Protestants) then their only option to divorce in Israel is civil – via the dissolution of marriage process
If, however, they are members of a recognised faith ( e.g. they are Roman Catholics), then in principle the court system of their particular church will have jurisdiction over their divorce. The test for religious affiliation is objective and not subjective . In other words if they remain catholic after being born Catholics, being baptised and married in the Catholic church and never cease to be members of the faith, they are still objectively speaking Catholics. This is so even if they,subjectively, considered themselves to have no religion. Jurisdiction over their divorce will lie with the Roman Catholic court, and not the civil court system. This was held so by the President of the Supreme Court in the Bloch Case in the eighties. This stated the President had no jurisdiction to rule on which court should deal with an application to end the marriage of two Roman Catholics who announced that they had no religion but who had done nothing active to convert or stop becoming members of the church.

I am engaged to get married. Both my fiancé and I are Moslems. I am worried because several of his relatives have more than one wife. My fiancé knows I object to this. Can we make an agreement whereby I would be entitled to divorce him if he took another wife ?

Marriage and Divorce Divorce (Same Faith)

Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her – such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially.

Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action.

Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.

I am a Christian tourist in Israel, and have a Moslem boyfriend. He wants me to get married but also wants me to become Moslem. I am worried that this might present difficulties if I want to divorce later. What would be better for me if I do convert, becoming Moslem before I marry or afterwards ?

Marriage and Divorce Divorce (Mixed Faiths)

Converting after the wedding– as this  would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction.

I was born Christian but converted to Islam and married my Moslem boyfriend. I want to divorce. Can I go through the civil courts or do I have to go to the Moslem religious courts ? Answer:

Marriage and Divorce Divorce (Same Faith)

You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel.

Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage.

Are issues of child custody , maintenance and division of property automatically heard with a divorce plea ?

Marriage and Divorce Divorce (Same Faith)

No. There is no automatic binding of child custody, maintenance and property matters to a divorce plea, if these are not filed for first at the family court. The Druze Courts’ Act gives Druze courts exclusive jurisdiction over marriage and divorce – but mutual consent is needed for jurisdiction of other issues. There is no provision for ‘binding’ such issues to divorce, as with legislation providing for Jewish religious courts.

When does divorce between Druze take effect – when the husband declares so before witnesses, or when a Druze court registers it and makes a decision concerning it ?

Marriage and Divorce Divorce (Same Faith)

When a Druze husband makes an oral declaration divorcing his wife, in accordance with the requirements of Druze religious law and in the presence of two witnesses, the divorce goes into effect immediately. The confirmation and registration of the divorce at the Druze religious court and its decision about the associated property settlement are post-divorce actions.

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 Abroad-Recognition in Israel

Probably so.

Can two people with dual Israeli and foreign citizenship who married and later divorced abroad in a civil ceremony have the divorce recognised in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

In principle, yes. If the two countries fulfill the conditions about reciprocity regarding each other’s legal decisions then it will be possible to recognise and /or enforce the foreign divorce judgment according to the Recognition of Foreign Judgments Act . Where there is no convention between Israel and a particular foreign country regarding the recognition and/or enforcement of each other’s judgments, the foreign divorce judgment cannot be recognised/enforced in Israel according to the act. In this case Israeli law will recognise the foreign divorce judgment if it was given by a court with jurisdiction and conforms with the requirements for this according to the rules of private international law.

I have dual American and Israeli citizenship and married my Israeli husband in Israel according to Jewish law , and also according to civil law in the States. If I get an American judgment about the dissolution of our marriage , property, custody and maintenance, can I enforce it in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Possibly, but only if the judgment passes a strict set of conditions set down in Israeli legislation will it be recognized and enforceable in Israel. A plea will have to be made under the 1958 Enforcement of Foreign Judgments’ Act. It will have to be proved that the foreign court had jurisdiction to give the judgment, that the judgment is no longer appealable, that is enforceable overseas, and that it is also capable of being enforced in Israel, and that it would not offend Public Regulations there.

Will an Israeli court automatically enforce a foreign divorce judgment covering dissolution of marriage, custody, maintenance and property, given by a civil court where the parties are Jewish citizens of Israel , living abroad , and one also has foreign nationality ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

No ! An Israeli court dealing with an application to enforce a foreign judgment will only recognize it if it complies with the strict requirements of the 1958 Enforcement of Foreign Judgments Act. One of the main requirements of this is that the foreign court had jurisdiction to give the judgment. Where one of the parties is domiciled in Israel , and not abroad, then, according to Israeli rules of private international law, the foreign court does not have jurisdiction to give the judgment on issues other than the civil divorce itself . If the couple are only abroad temporarily because the one with Israeli citizenship is only studying there or on a work posting, and ,for example, they have property in Israel, then that party will still have Israeli domicile.

Where both parties are Israelis who have been living abroad for many years , and the centre of their lives is abroad, then the foreign court will have jurisdiction over issues associated with their civil divorce, as well as the civil divorce itself. However, the appropriate rabbinical court in Israel will retain jurisdiction over their divorce according to Jewish law.

I am going to make ‘aliyah’ to Israel from the UK. I got divorced in the 1960’s and never re-married. I only have a photocopy of the civil divorce judgment. My ‘ex’ was in possession of the original but I am no longer in contact with her. What must I do so that I have acceptable proof of being a divorce when I come to Israel?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Firstly, where a photocopy of the divorce shows the file number , it is very simple to obtain an updated, and authorized divorced judgment on the new format used from the Family Proceedings Department attached to the Principle Registry of the Family Division in Holborn , London. This then needs the “apostille” stamp from the Legalisation Department the Foreign and Commonwealth Office in The Mall, London. This will complete the requirements for the recognition of the divorce, according to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, which is binding on both the UK and Israel.

I am planning ‘aliyah’ to Israel from the UK. I am divorced. Will the Israeli Ministry of Interior recognize this divorce judgment and register me as divorced ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

The UK divorce judgment will be recognized by the Ministry of Interior provided the necessary authorizations are provided. Both the UK and Israel are bound by the Hague Convention of 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. The divorce judgment will need an “apostille” stamp which can be obtained from the legalisation office of the Foreign and Commonwealth Office in London.

I am Israeli and married an American woman in the states in a civil marriage . We have just got divorced . Will the Ministry of Interior in Israel register me as divorced when I return to Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

The Ministry of Interior will recognize the American divorce judgment provided the necessary authorizations – culminating in the “apostille” – regarding it are obtained , according to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, to which both the US and Israel are bound.

 

Is getting a foreign divorce registered at the Israeli Ministry of Interior sufficient for most things in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Registration of a foreign divorce judgment at the Ministry of Interior allows a person to change his/her personal status from ‘married’ to ‘divorced’ and is

normally sufficient for most administrative/financial acts requiring proof of divorce for various eligibility purposes. However, having a foreign divorce registered at the Ministry of the Interior is of administrative value only – to give it full legal value, it needs to be recognized by an Israeli court.

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.

Can two people with dual Israeli and foreign citizenship who married and later divorced abroad in a civil ceremony have the divorce recognised in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

In principle, yes. If the two countries fulfil the conditions about reciprocity regarding each other’s legal decisions then it will be possible to recognise and /or enforce the foreign divorce judgment according to the Recognition of Foreign Judgments Act . Where there is no convention between Israel and a particular foreign country regarding the recognition and/or enforcement of each other’s judgments, the foreign divorce judgment cannot be recognised/enforced in Israel according to the act. In this case Israeli law will recognise the foreign divorce judgment if it was given by a court with jurisdiction and conforms with the requirements for this according to the rules of private international law.

I have dual American and Israeli citizenship and married my Israeli husband in Israel according to Jewish law , and also according to civil law in the States. If I get an American judgment about the dissolution of our marriage , property, custody and maintenance, can I enforce it in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Possibly, but only if the judgment passes a strict set of conditions set down in Israeli legislation will it be recognized and enforceable in Israel. A plea will have to be made under the 1958 Enforcement of Foreign Judgments’ Act. It will have to be proved that the foreign court had jurisdiction to give the judgment, that the judgment is no longer appealable, that is enforceable overseas, and that it is also capable of being enforced in Israel, and that it would not offend Public Regulations there.

 

Will an Israeli court automatically enforce a foreign divorce judgment covering dissolution of marriage, custody, maintenance and property, given by a civil court where the parties are Jewish citizens of Israel , living abroad , and one also has foreign nationality ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

No ! An Israeli court dealing with an application to enforce a foreign judgment will only recognize it if it complies with the strict requirements of the 1958 Enforcement of Foreign Judgments Act. One of the main requirements of this is that the foreign court had jurisdiction to give the judgment. Where one of the parties is domiciled in Israel , and not abroad, then, according to Israeli rules of private international law, the foreign court does not have jurisdiction to give the judgment on issues other than the civil divorce itself . If the couple are only abroad temporarily because the one with Israeli citizenship is only studying there or on a work posting, and ,for example, they have property in Israel, then that party will still have Israeli domicile.

Where both parties are Israelis who have been living abroad for many years , and the centre of their lives is abroad, then the foreign court will have jurisdiction over issues associated with their civil divorce, as well as the civil divorce itself. However, the appropriate rabbinical court in Israel will retain jurisdiction over their divorce according to Jewish law.

I am going to make ‘aliyah’ to Israel from the UK. I got divorced in the 1960’s and never re-married. I only have a photocopy of the civil divorce judgment. My ‘ex’ was in possession of the original but I am no longer in contact with her. What must I do so that I have acceptable proof of being a divorce when I come to Israel?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Firstly, where a photocopy of the divorce shows the file number , it is very simple to obtain an updated, and authorized divorced judgment on the new format used from the Family Proceedings Department attached to the Principle Registry of the Family Division in Holborn , London. This then needs the “apostille” stamp from the Legalisation Department the Foreign and Commonwealth Office in The Mall, London. This will complete the requirements for the recognition of the divorce, according to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, which is binding on both the UK and Israel.

I am planning ‘aliyah’ to Israel from the UK. I am divorced. Will the Israeli Ministry of Interior recognize this divorce judgment and register me as divorced ? UK divorce judgment will

Marriage and Divorce Divorce Abroad-Recognition in Israel

 be recognized by the Ministry of Interior provided the necessary authorizations are provided. Both the UK and Israel are bound by the Hague Convention of 1961 Abolishing the Requirement of Legalization for Foreign Public Documents. The divorce judgment will need an “apostille” stamp which can be obtained from the legalisation office of the Foreign and Commonwealth Office in London.

I am Israeli and married an American woman in the states in a civil marriage . We have just got divorced . Will the Ministry of Interior in Israel register me as divorced when I return to Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

The Ministry of Interior will recognize the American divorce judgment provided the necessary authorizations – culminating in the “apostille” – regarding it are obtained , according to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, to which both the US and Israel are bound.

Is getting a foreign divorce registered at the Israeli Ministry of Interior sufficient for most things in Israel ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Registration of a foreign divorce judgment at the Ministry of Interior allows a person to change his/her personal status from ‘married’ to ‘divorced’ and is normally sufficient for most administrative/financial acts requiring proof of divorce for various eligibility purposes. However, having a foreign divorce registered at the Ministry of the Interior is of administrative value only – to give it full legal value, it needs to be recognized by an Israeli court.

Will the fact that a foreign divorce judgment was granted without the defendant being present automatically mean that it cannot be recognized in Israel if he opposes a plea for its enforcement here ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

No ! Providing all the other requirements set down in the 1958 Enforcement of Foreign Judgments Act are met, an Israeli court will not reject a plea to recognize an ex-parte foreign judgment providing the defendant was given the opportunity to attend , but decided not to exploit it. Jerusalem Family Court emphasized this in September 2004 within the context of a plea to recognize an ex-parte U.S. divorce judgment.

Can a divorce agreement be authorised in a court abroad be recognized and valid in Israel?

Marriage and Divorce Divorce Abroad-Recognition in Israel

In principle, yes. The Foreign Judgment Enforcement Act of 1958 lays down the procedure and conditions for recognizing and enforcing civil judgments given abroad – within five years from when they were granted.

Israel will only recognize and enforce a foreign judgment if it is from a country which recognizes Israel’s judgments. A foreign judgment covering divorce, child custody, maintenance, visitation rights and property can be recognized and enforced here , but not necessarily at the same court, due to jurisdictional rules. Regarding American Jews, for example divorce judgment can only be recognized and validated at a rabbinical court, which has exclusive jurisdiction over matters of marriage and divorce, but a family court could enforce the judgment relating to the other issues.

What are the possible consequences of someone having a foreign divorce judgment which has not been recognised in Israel where he lives ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Basically the fact that the foreign divorce has not been enforced or recognised in Israel will prevent a person from having the legal capacity to remarry under Israeli law, presuming he would be eligible to do so otherwise. If he did actually remarry he would be liable for prosecution for bigamy under the 1977 Penal Code.

Therefore it is vital for a person living in Israel who got divorced abroad to have his divorce recognized if he wishes to get married again legally – in Israel or ,indeed ,anywhere in the world other than the country where he got divorced.

 

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.

I am engaged to get married. Both my fiancé and I are Moslems. I am worried because several of his relatives have more than one wife. My fiancé knows I object to this. Can we make an agreement whereby I would be entitled to divorce him if he took another wife ?

Marriage and Divorce Divorce (Same Faith)

Under Islamic law, a Moslem woman can initiate divorce under certain circumstances. If she phrases her marriage agreement carefully she can give herself the option of divorcing her husband if he does something she states is unacceptable to her – such as marrying another woman, disappearing for a prolonged period, or refusing to support her financially.

Additionally, the husband can grant the wife the right to divorce should he behave in a way unacceptable to his wife . For example, if the husband says: ‘ If I take another wife, you have the right to divorce me’ then this will be binding upon him and the wife can put her right to divorce into action.

Even after the couple have married they can agree that if certain situations/conditions exist these will be grounds for divorce.

 

I am a Christian tourist in Israel, and have a Moslem boyfriend. He wants me to get married but also wants me to become Moslem. I am worried that this might present difficulties if I want to divorce later. What would be better for me if I do convert, becoming Moslem before I marry or afterwards ?

Marriage and Divorce Divorce (Same Faith)

Converting after the wedding– as this  would mean that the family (civil) court would have jurisdiction over your divorce if the marriage fails, rather than the Moslem religious court. Also, if you have children and the marriage fails, it would be easier for you to keep the issue of child custody within the civil court system. Your religion at the time of your wedding is what counts – and determines whether the Moslem court has jurisdiction.

I was born Christian but converted to Islam and married my Moslem boyfriend. I want to divorce. Can I go through the civil courts or do I have to go to the Moslem religious courts ?

Marriage and Divorce Divorce (Same Faith)

You have to a Moslem Religious Court over the divorce itself. It has exclusive jurisdiction over questions of marriage and divorce between Moslems in Israel.

Had you not converted you would have been able to apply to the Supreme Court President for a decision about the court having jurisdiction over the dissolution of your marriage.

I am Moslem, and was born and grew up in America. I married a Moslem from the Israeli “Triangle” a traditional ceremony in his home town. Which court in Israel can end our marriage?

Marriage and Divorce Divorce (Same Faith)

A local Moslem (“Sha’ari ) court – which has exclusive jurisdiction over matters of marriage and divorce between two Moslems – according to relevant procedural rules.

Can two members of the Greek Orthodox Church who live in Israel but who married abroad in a civil ceremony divorce here ?

Marriage and Divorce Divorce Between Christians

Yes. Greek Orthodox Christians can divorce in Israel as their faith is recognised and has its own court system which has jurisdiction over the matter. This is so even if they married in a civil ceremony abroad. In a case in the 90’s two Greek Orthodox Christians who married in a civil ceremony abroad wished to divorce and were advised by the secretary of their religious court to begin the process of dissolution of marriage. They applied to the President of the Supreme Court for a ruling on which legal instance could hear their case. He ruled that he had no legal authority to do so under the Jurisdiction In the Matter of Dissolution of Marriage (Special Cases) Act of 1969 as both parties belonged to a recognised religion. Exclusive jurisdiction over their divorce lay with the Greek Orthodox Church Court , he held.

My wife and I are Roman Catholics living in Israel. I would like to divorce but am forbidden from doing so by the principles of our church. Can I apply to the Family Court for permission to marry another woman ?

Marriage and Divorce Divorce Between Christians
No ! Under Israeli Law the Roman Catholic Church has its own court system which has sole jurisdiction over matters of personal status, such as yours, where both parties are of its religious affiliation. Where divorce is not an option, there is a process of Nullification of Marriage, whereby a union can be nullified or cancelled, as if it were never valid in the first place. This may or may not be relevant , according to your particular circumstances .
In any case, the court system of the Roman Catholic Church will have exclusive jurisdiction over any issues concerning your marriage , including its validity/cancellation or ways of ending it. Accordingly, the family court (the civil system) has no jurisdiction over the matter and cannot dissolve your marriage, or give any permission for you to marry another woman.

Can two Anglicans divorce in Israel ?

Marriage and Divorce Divorce Between Christians
They cannot divorce in Israel according to religious law because the Anglican faith is not recognised here but they can go through the civil process of dissolution of marriage .
Proceedings should be initiated at the family court and the process will be shorter than usual because the Anglican faith is not officially recognised in Israel and has no court system of its own. There will, therefore, be no need for the deputy president of the family court to ask for legal opinions from a religious court, and he will rule that the family court has jurisdiction over the dissolution of the parties’ marriage . Mutual consent is sufficient grounds.

How can a Protestant who is married and lives in Israel get divorced here?

Marriage and Divorce Divorce Between Christians
Firstly, the Protestant faith is not recognised in Israel in that it has no court system dealing with the personal law of its members. Accordingly, if two protestants who married overseas live in Israel and wish to divorce here there is no possibility of doing this according to any religious Christian court. They can, however, gain a civil divorce. They will have to go through the Dissolution of Marriage procedure . As the Protestant faith is not recognised in Israel this process will be relatively quick as there will be no need to obtain any opinions from religious courts. Jurisdiction to dissolve the marriage will lie with the family court which will then deal with ending the marriage.
If a Protestant is married to a non-Protestant and wishes to divorce the process is also a civil one, by Dissolution of Marriage. Again, there will be no need to gain an opinion from the Protestant side as the faith is not recognised here and no-one has jurisdiction to give such an opinion. However, if the other spouse is a member of a recognised religious faith there will be a need to gain an opinion regarding jurisdiction over the matter. In the case of a ‘mixed’ religious matter the Deputy President of the family court has to decide which court has jurisdiction to dissolve the matter – but this again most probably lie with the family court.

My husband and I are Christians, members of the same faith. We were married in church in England. We no longer regard ourselves as religious, and do not practice our faith at all. Can we go through a civil process to end our marriage in Israel, or do we still have to go through the church ?

Marriage and Divorce Divorce Between Christians
Only certain Christian faiths are recognised in Israel, and have their own religious courts having jurisdiction over marriage and divorce of members of their faith. If a married Christian couple are members of a faith that is not recognised in Israel and does not have its own court system (e.g. if they are Protestants) then their only option to divorce in Israel is civil – via the dissolution of marriage process
If, however, they are members of a recognised faith ( e.g. they are Roman Catholics), then in principle the court system of their particular church will have jurisdiction over their divorce. The test for religious affiliation is objective and not subjective . In other words if they remain catholic after being born Catholics, being baptised and married in the Catholic church and never cease to be members of the faith, they are still objectively speaking Catholics. This is so even if they,subjectively, considered themselves to have no religion. Jurisdiction over their divorce will lie with the Roman Catholic court, and not the civil court system. This was held so by the President of the Supreme Court in the Bloch Case in the eighties. This stated the President had no jurisdiction to rule on which court should deal with an application to end the marriage of two Roman Catholics who announced that they had no religion but who had done nothing active to convert or stop becoming members of the church.

Which Christian faiths are recognised in Israel and have their own ecclesiastical courts that can deal with divorce ?

Marriage and Divorce Divorce Between Christians
According to vestiges of legislation from the time of the British Mandate, the following Christian churches/ faiths are among those recognised: ( Eastern) Orthodox; Latin (Roman Catholic); Gregorian – Armenian; Armenian (Catholic); Syrian (Catholic); Greek Catholic; Maronite and Syrian Orthodox.
Each of the above mentioned faiths has its own court system which has exclusive jurisdiction over marriage and divorce between couples where both sides are members of that particular faith. Thus divorce between two members of the Roman Catholic faith, for example, would be under the exclusive jurisdiction of its own court.

Can a foreign resident – who refuses to divorce – be prevented from leaving Israel by a rabbinical court if he arrives on a visit, and his wife is also a foreign resident ?

Marriage and Divorce Divorce Between Jews
Quite possibly, depending on the circumstances,according to a controversial precedent set by Jerusalem Greater Rabbinical Court a few years ago. It rejected an appeal by the husband, a French citizen, visiting Israel to cancel an order made by Jerusalem District Rabbinical Court which prevented him from leaving the country at the end of a visit at Passover. His wife, a Moroccan citizen, had filed pleas for divorce and maintenance there . The couple had married in both Jewish religious and civil wedding ceremonies in Monaco, where they were resident, and where they had been living separately for seven years and had divorced according to civil law. The Jerusalem District rabbinical court had held that it had jurisdiction over the wife’s maintenance, and could , therefore, prevent the husband from leaving the country, although it admitted that the question of its jurisdiction over the divorce was problematic.
Fearing becoming an “aguna” and unable to marry, the wife started proceedings in Israel in 2003 after her divorce plea at the rabbinical court in Paris produced no progress. At a hearing before both parties at the district rabbinical court in connection with the exit order, the husband argued that it had no jurisdiction to grant it as neither of them were citizens or residents of Israel, or had any connection with the country. He argued that the wife filed the pleas in bad faith, and that Monaco was a more appropriate forum for proceedings. Subsequently, however, after the parties had agreed to submit written summaries , the wife produced evidence from the Jewish Agency in Paris that she had applied to emigrate to Israel eleven days after the hearing, and had applied for a visa as a temporary resident.
Reaffirming Israeli rabbinical court jurisdiction over the wife’s maintenance, and the legality of the exit order, the appeal court stated : “ …. it transpires that the husband arrives in Israel from time to time. The husband attests to being a religious person. He lays tefillin. He prays three times a day… that is a deep connection to Israel ! …. Every Jew has a connection to Israel. A Jew who declares himself to be a religious Jew, and that is enough. The husband himself said that he visited the house of …… in Jerusalem to discuss the conflict he had with his wife with him. Although the matter was done within the framework of a private meeting, it is clear that this fact strengthens the connection with Israel.”
Furthermore, it rejected the “inappropriate forum” argument, partly, it said, because the only forum where the wife could get maintenance under Jewish law was Israel: “But if we were persuaded that the husband was willing to be judged in a plea against him at the rabbinical court with jurisdiction in France, we would seriously consider accepting his appeal.”

Is it possible that the date on which a divorce agreement is signed or authorized is actual later than the date on which the parties, both Jews, actually divorced in a ceremony according to law ?

Marriage and Divorce Divorce Between Jews
Yes, in certain circumstances, although normally the divorce agreement comes before the ceremony itself. Jewish couples reaching an agreement over divorce usually submit it to the rabbinical court for authorization at a hearing, and incorporation into a divorce judgment first. A date is then set for the divorce ceremony itself. However, where there is a dispute between the parties, usually over custody or property, the rabbinical court can ‘manipulate’ the parties positively and suggest they reverse the order – and divorce first and get the problem solved later, either by the rabbinical court ruling on it, or by the parties agreeing to the rabbinical court deciding on the outstanding issue in dispute. This is to avoid the undesired situation where the rabbinical court issues a divorce judgment – but then finds that one party who feels hard done by refuses to co-operate in the actual divorce ceremony. According to Jewish law, there must be mutual consent and free will on the part of both parties i.e. the man has to give the wife the ‘get’ (divorce document) willingly and she must accept it willingly for the divorce to be valid.

I know my wife has been having an affair with a friend of mine who is divorced. I am so hurt by this and want a divorce. Can I prevent my wife from marrying this man ?

Marriage and Divorce Divorce Between Jews
Yes – if adultery is proved! The rabbinical court can forbid a woman from marrying a specific man, and stating this outright in the divorce judgment, if adultery is proved. If intimate relations are not properly proved, this can be one of the reasons for challenging such a ban.

My husband and I are Jewish and I am considering divorce. Would I have any financial claims against him after divorce ?

Marriage and Divorce Divorce Between Jews
You would have no right to maintenance from him once you divorce. Under Jewish law he is obliged to support you as long as you are married even if you are separated if there is a legally justifiable reason for this. Sometimes a man agrees to support his wife financially after divorce – in his divorce agreement – but he is under no obligation to do so.
Regarding property rights and divorce see Property Rights & Agreements sections. Sometimes a wife is unaware that she is entitled to some of her ex-husband’s pension rights/social benefits.

I am considering divorce and want to know what my obligations will be afterwards towards my ex-wife and our children. I agree that she should have custody of the children as they are young. We are both Jewish.

Marriage and Divorce Divorce Between Jews
under Jewish law once a man is divorced he is under no financial obligation to support his ex-wife, though he can agree to do so. He is obliged to give her maintenance during the marriage if they were married in a Jewish religious ceremony.
Regarding the children, Jewish law places the burden of child maintenance on the father, solely until the minors are 15, at which point the mother may have to participate ,until they are 18, depending on the circumstances. During compulsory army service a child is still entitled to some maintenance.
In relation to other financial committments, it depends on whether the husband and wife make an agreement covering property or whether the court decides to divide up your marital property for them.

How can a party proceed with divorce if the other spouse denies that their private wedding ceremony took place,and claims the ‘Ketuba’ is a forgery ?

Marriage and Divorce Divorce Between Jews
If there were guests who were present at the alleged marriage ceremony then they can give evidence as to its existence. This happened in an unusual case before the Rehovot Rabbinical Court in a few years ago where the wife wanted to divorce because of her husband’s adultery . The wife claimed they were married in a private ceremony before two witnesses . The husband, who entered the court room waving a document from the Interior Ministry where he was registered as single, denied this and refused to give the court contact numbers of his relatives that she said attended. The rabbinical court eventually issued orders compelling them to attend and they verified the wife’s version of events. The husband then admitted that he had married his wife in a private ceremony and that he had committed adultery.
The rabbinical court held that the couple were married and passed a divorce judgment based on the husband’s admission of adultery . In the light of his non-attendance at part of the previous hearings, the rabbinical court gave an order for him to attend the divorce ceremony . It also held that it would consider awarding costs against him for prolonging the process and not attending some of the hearings.

Does a woman who converts to Judaism but marries only in a civil ceremony abroad and not in a religious ceremony need a ‘get’ to marry under Jewish law ?

Marriage and Divorce Divorce Between Jews

Much depends on the particular circumstances. Normally two Jews who marry in a civil ceremony abroad still have to go through the rabbinical court if they wish to divorce as a ‘doubting’ get may be required.

Will a rabbinical court dealing with a plea to oblige or compel a party to divorce allow him/her to condition his/her consent on the other agreeing to forego child custody ?

Marriage and Divorce Divorce Between Jews
No – Custody claims are independent and should not be given any weight in a divorce hearing over whether to oblige or compel a party to divorce, according to a Greater Rabbinical Curt ruling.

Can a rabbinical court order “Shlom Bayit” (marital reconciliation ) and not at a hearing because the husband asks the wife, to forgive him for being violent, and Jewish law obliges her to accept his apology ?

Marriage and Divorce Divorce Between Jews

Yes, in certain circumstances, but no, in others. Although proven violence is a ground for divorce under Jewish law, if the husband files for ‘shlom bayit’ (marital re-conciliation) at the rabbinical court, it has discretion over the matter. It can order him to divorce, recommend him to do so, or even order marital re-conciliation, depending on its perception of the circumstances .

My husband and I lived together in the South . We split up, I moved back to the Galilee kibbutz where I grew up and he went to live with his family in the north. We want to divorce. When I enquired I was told that the divorce plea has to be filed at the rabbinical court where we last lived together. Is this so, or can it be made at a location more convenient to both of us, in the north ?

Marriage and Divorce Divorce Between Jews

Yes, quite possibly ! In principle the Rabbinical Court Regulations states that pleas between spouses are to be made at the district rabbinical court in the area where they live or last lived together. However, the regulations also state that an agreement can be made regarding local jurisdiction . Thus a husband and wife who no longer live together and who have moved to a different part/s of the country can decide on a mutually- convenient geographical location . The rabbinical court at which they choose to file their plea reserves the right not to accept its jurisdiction even where the sides have made an agreement, but it must give reasons.

I converted to Judaism in order to marry my husband in a Jewish ceremony . We have a baby and are now in the process of divorce. I have heard about the forged conversion scandal and suspect something fishy because my conversion papers came through very quickly . As a new immigrant I let him ‘take care’ of everything. If my documents are ‘forged’ what implications would this have for me if I want to divorce ?

Marriage and Divorce Divorce Between Jews

Basically if conversion papers are forgeries then this would mean that a woman in this situation would not be Jewish and her marriage would be void if she ‘married’ in a Jewish ceremony. If this were so, then there would be no need for her to obtain a divorce. She would be entitled to file for custody and maintenance for any minor child,and division of property at the family court.

What is the position when a couple agree to divorce – and the ‘get’ at the rabbinate goes ahead – but it transpires that the wife tricked the husband into divorcing in their divorce agreement dealing with finances which was authorized at the family court ?

Marriage and Divorce Divorce Between Jews
When there is a breach of a divorce agreement upon the basis of which the husband agreed to give his wife a ‘get’ there are ” weighty questions of Jewish law concerning the validity of the divorce” , held Tel Aviv District rabbinical court in November 2005. It held that breach of the divorce agreement can lead to the ‘get’ (Jewish divorce) being invalid.
Where a divorce agreement – covering finance among other matters – is made and the ‘get ceremony’ follows, it was held that if the wife had already made up her mind at the ‘get’ ceremony not to honour the agreement , and if the husband had known this at the time and would not have given her the ‘get’ as a result of this, then their divorce would be one obtained by deception and invalid. However, if the husband had said he would divorce his wife without any conditions, then the ‘get’ would be valid. The question of whether the financial aspects of the divorce agreement had been breached would be question for the family court, if it authorized the relevant sections, it held.
 

If my spouse finally agrees to sign a divorce agreement how can this actually be enforced so that I will be divorced under Jewish law ?

Marriage and Divorce Divorce Between Jews
For Jews often the most problematic area of a divorce agreement for Jews concerns the divorce itself . Firstly, if they submit the signed divorce agreement covering issues such as child custody, maintenance and property , for authorisation at the family court all the other issues can be incorporated into a judgment , given them full legal validity, but the paragraph(s) relating to the divorce itself cannot be touched. Divorce between Jews is under the exclusive jurisdiction of the rabbinical court. Therefore, the part of the divorce agreement relating to divorce can only be authorised by a rabbinical court, where a divorce judgment can be given. Some parties authorise the whole agreement at the rabbinical court.
 
Secondly, although mutual consent is a ground for divorce under Jewish law the actual agreement to divorce cannot be enforced because this could interfere with the ‘get’ process. A ‘get’ (Jewish divorce deed) must be given and accepted with full consent and out of free choice.
In exceptional circumstances, use is made of sanctions against a husband who refuses to give his wife a divorce but only a ‘get’ given with full consent and out of free choice has legal validity.
 

I am separated and have live abroad with the children for some time now . My husband still lives in Israel. We are both Jewish. It looks as if he will finally file for divorce at the rabbinical court in Israel. Does this mean that it will automatically hear the case for child custody ?

Marriage and Divorce Divorce Between Jews
Not necessarily, due to amendments to Israeli law that came into force on 10th August 2005, regarding the Rabbinical Courts (Marriage & Divorce) Act of 1953. Prior to the changes this legislation gave the rabbinical court extra-territorial jurisdiction over divorce between Jews who had a connection to Israel (via citizenship or residency), irrespective of where they married and the kind of ceremony they had. Once divorce was filed, custody was automatically bound to the plea, and other issues like property and maintenance could also be bound.
Under the new law, the exclusive jurisdiction given to the rabbinical court concerning Jews who were citizens or residents of Israel regarding divorce has been amended, so that it only applies in one of six specific situations. The rabbinical court will only have exclusive jurisdiction over a divorce plea between Jews who married according to Jewish law, if one of the following situations applies:
(1)the defendant’s centre of life/place of habitual residence is in Israel;
(2)both parties are Israeli citizens;
(3)the Plaintiff’s centre of life/place of habitual residence is in Israel, and he has lived in Israel for at least a year prior to the plea;
(4)the plaintiff’s centre of life/place of habitual residence is in Israel and the parties’ last joint place of domicile was in Israel;
(5)the plaintiff is an Israeli citizen, and his/her life is centred in Israel or he/she is habitually resident in Israel.
(6)the plaintiff is an Israeli citizen and has lived in Israel for one of the last two years preceding the filing of the plea.
Furthermore, once the rabbinical court has decided that the amendments apply , and the court has restricted jurisdiction over the divorce, then issues like custody, property and maintenance cannot be bound, as before, according to the amendments . Thus, the family court in Israel or the appropriate court abroad will have jurisdiction.
The changes apply to divorce pleas which were pending at the rabbinical court when they came into force , on 10/8/05.

Will the fact that a court abroad has granted a civil divorce have any effect on divorce proceedings between the couple in an Israeli rabbinical court ?

Marriage and Divorce Divorce Between Jews

No – according to the Supreme Court of Justice ruling in the Ron petition case. There it was held: “ It should be stated that the fact that the court in New York ordered the couple to be divorced does not have any influence on the proceedings before the rabbinical court in Israel, as the civil divorce order given in the United States, does not have the power to dissolve the Jewish marriage of the couple” .

If a Jewish couple married in a civil wedding ceremony in the States and later in a traditional religious one in Israel where can or should they divorce if she remains abroad and he has returned home to Israel ?

Marriage and Divorce Divorce Between Jews
Firstly, it is preferable for a couple in this situation to have both a civil and a religious divorce and be regarded as legally divorced in both countries. If not, one of them might wish to remarry and then discover that he/she was still regarded as married in one of the countries.
Regarding the religious divorce or “get” a rabbinical court in Israel has exclusive jurisdiction to decide on the divorce of two Jews who are citizens or residents of Israel wherever they got married in the world, and no matter in what ceremony.
On the civil front, the couple should go through the civil divorce procedure according to the American state in which they married.

How can an Israeli citizen living abroad get divorced from his Jewish wife without flying over to Israel where she lives, if she agrees ?

Marriage and Divorce Divorce Between Jews
Presuming there is mutual consent or a valid divorce judgment from a rabbinical court having jurisdiction over the matter, depending on the circumstances, the divorce deed itself (the ‘get’) can be drawn up abroad, if there is a rabbinical court in that country which the Chief Rabbinate in Israel recognises as having jurisdiction . The husband can then give the ‘get’ to a ‘sending’ messenger of the rabbinical court who, acting on his behalf, can physically hand it over to his wife in Israel, or to a special ‘acceptance’ messenger representing her, either in Israel or abroad.
The actual technical steps must be followed properly for the divorce to be recognised in Israel, otherwise the husband could find himself in the unfortunate position of thinking he is divorced, getting married again, this time abroad and then risk facing criminal charges in Israel for bigamy. This is what happened in the case of singer Matti Caspi who was found guilty of bigamy by Tel Aviv Magistrate’s Court in February 2002.

Can a husband who has nominated a messenger to deliver his ‘get’ to his wife cancel this even though the messenger is on his way ?

Marriage and Divorce Divorce Between Jews
Until the ‘get’ is actually received properly according to Jewish law , the wife is still married. If the husband changes his mind and decides not to divorce he can do so – even though the messenger may be on his way to the wife/her messenger to deliver the ‘get’. Furthermore, he can prevent a valid divorce taking place even if his messenger did not know of the cancellation and he delivers the document. To be valid, the cancellation must be made before witnesses.
This still applies even if the husband undertakes not to cancel the messenger’s task when when he nominates him to act on his behalf. If he does subsequently change his mind, Jewish law will uphold the cancellation . This is because otherwise the validity of the ‘get’ would be questionable – as it could be argued that the ‘get’ would not be given by consent and freely. If, despite all this, the ‘get’ is given to the wife and she or her representative receives it, after the husband has changed his mind , the divorce ceremony will not be valid and her status will remain that of a married woman.

I have just attended a name-reading session at a rabbinical court designed to ascertain just what names should be written in my ‘get’. The rabbinical court judge took down my wife’s details , mine and that of our parents. I am a new immigrant and suspect that he misunderstood some of the instructions about spelling, though when I queried him he insisted he had understood perfectly. I was too embarrassed to argue with him. What would happen if our names were wrongly written in the ‘get’ and yet a divorce ceremony was conducted using it ?

Marriage and Divorce Divorce Between Jews
Firstly, it is preferable to double or even treble check the spelling of all names required so that any mistakes can be corrected before the actual ‘get’ ceremony takes place . All names used by the parties, including nicknames, and parents’ names must be included, and spelt accurately.
If there is a mistake in the ‘get’, it renders it void according to Jewish Law (Din Torah). This has grave consequences for the woman. If the mistake is only discovered after the divorce ceremony, then a woman, who thought she was divorced would actually be still regarded as married. If she had remarried before the mistake was discovered, it is likely that she will have to leave her second husband and any children they had together will be bastards (‘’Mamzer’im’ ). The solution would be to make a new ‘get’ which corrected the mistakes, and to conduct the divorce ceremony again, to end the marriage properly

I cannot bear the idea of seeing my husband and having him hand me over the ‘get’. He is an extremely violent person – because of this the rabbinical court ordered him to grant me a divorce . Can I receive my ‘get’ without being physically present at the ceremony ?

Marriage and Divorce Divorce Between Jews
Yes! There is no need for a wife to receive the ‘get’ from her husband in person. Jewish law permits the use of messengers in the divorce ceremony .Two types of messenger are recognized in this context – the ‘sending’ messenger, and the ‘receiving’ messenger. The ‘sending’ messenger represents the husband, and his role is to pass the ‘get’ to the wife, or to her messenger or representative. The ‘receiving ’ messenger’s role is to receive the ‘get’ from the husband or his messenger.
Where a husband and wife live in the same country but want to avoid meeting at the actual divorce ceremony it is usual for the husband to give the ‘get’ to his own messenger and once he has left the rabbinical court the wife then appears there to receive the ‘get’ from the messenger.Alternatively, the wife can appoint a messenger to receive the ‘get’ for her. The use of two sets of messengers usually occurs where the parties live in different countries.
A messenger or representative must be nominated carefully by the rabbinical court in a special document permitting him to act on behalf of one of the sides in the divorce ceremony. This is shown to the husband/his messenger before the ‘get’ is accepted on behalf of the wife, and before it is finally given to her.
Until the ‘get’ is actually received properly according to Jewish law , the wife is still married.

What is involved in the actual Jewish divorce ceremony ?

Marriage and Divorce Divorce Between Jews
Jewish divorce is carried out by the writing of the divorce document which must be given to the wife by the husband – with both the giving and acceptance being by consent and free will.
It does not matter if the parties agreed to divorce – or whether the rabbinical court passed a divorce judgment after being satisfied that one of the parties had proved that grounds existed for ending the marriage under Jewish law. The procedure is the same in both cases.
The husband gives instructions to the scribe for the handwritten drafting of the divorce document ‘ in his name, in her name and in the name of the get’ using a quill pen . This is done under the supervision of the rabbinical court to prevent or minimize errors which could lead to the disqualification of the ‘get’. Only persons knowledgable and experienced in the task are allowed to be involved in the preparation of a ‘get’.
Great care is taken to write the exact wording required according to Jewish law and to ensure that the parties names are accurately recorded. Both official names and nicknames must be recorded as well as their fathers’ names. The date of the ‘get’ and the place in which it was written must be recorded. All this is to prevent mistaken identity – and possible later misuse of a ‘get’ .
Once the get is written and is signed by witnesses , the husband gives it to the wife who must accept it , in the open palms of her hands. The husband places the ‘get’ into the open , outstretched palms of his wife’s hands. The rabbinical court orders her to close the palms of her hands and to raise her arms, still holding the ‘get’. Sometimes the woman is asked to place the ‘get’ under her armpit , or even to walk towards the door or to the corner where the religious judges are sitting. All these gestures are designed to express that the ‘get’ is her property. Once the process is completed properly, the couple are divorced.

I married in a Reform Synagogue in England. and divorced under U.K. law. I now live in Israel and wish to re-marry someone Jewish here. Do I need to go to the Rabbinate here in Israel – my ‘ex’ back in the U.K. says she will co-operate if I need her help ?

Marriage and Divorce Divorce Between Jews
Yes – you will need a Jewish religious divorce from the Rabbinical Court
(Orthodox) in order to be able to remarry under Jewish law. Mutual consent is sufficient grounds and a special rabbinical procedure can be arranged which allows for the divorce ceremony to take place without you both having to be present and meet.

Which court in Israel will deal with my divorce if my husband and I married in a Conservative Synagogue in the U.K before we made “Aliyah” ?

Marriage and Divorce Divorce Between Jews
Only the Rabbinical Court (Orthodox ) which is the only official or recognized religious court for Jews in Israel.
 

Can a rabbinical court cancel a civil marriage performed abroad between two Jews ?

Marriage and Divorce Divorce Between Jews
No ! Even though a rabbinical court in Israel will not recognize such a union as being valid, it has no jurisdiction to cancel it. A similar result, however, can be achieved by asking the rabbinical court in Israel to pass a judgment declaring both the parties as being free to marry under Jewish law. In practice, however, as the marriage abroad is still likely to leave some doubt about whether the parties “dedicated themselves” to one another, to be on the safe side the rabbinical court is likely to give instructions for the preparation of a ‘get’ (Jewish divorce).

My husband and I are both Jewish but we got married in a civil ceremony abroad out of choice because we are both very secular. We are considering divorce . Do we have to go to the rabbinate if we want to organize the divorce here . in Israel?

Marriage and Divorce Divorce Between Jews
Yes, if you want to divorce in Israel. The Rabbinical Courts have exclusive jurisdiction on matters of marriage and divorce between two Jews who are residents or citizens of Israel, no matter where or in what kind of ceremony they married. Although Jewish law only recognizes a Jewish religious marriage as valid a Jewish couple who married in a civil ceremony abroad will still have to go through the rabbinate to get a special kind of divorce to erase any doubt . You also need this if you wish to remarry, according to Jewish law.

I have filed my husband for divorce at the rabbinate due to his extra-marital affairs. He left a message on my answer- phone jeering that I would be an ‘aguna’ (abandoned wife) and that he was planning to leave on a world tour with his lover. Can I stop him ?

Marriage and Divorce Divorce Between Jews
Yes. Under the Rabbinical Courts ( Obedience Enforcement ) Act of 1956 if a rabbinical court considers that the wife has brought credible evidence and has a good chance of succeeding in her divorce plea , then it can grant an order preventing the husband from leaving Israel if there is a substantial risk that his departure would result in the wife becoming an ‘aguna’.

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.

Despite this, many ‘mixed couples’ have had their divorce/dissolution agreements wrongly authorised by rabbinical courts in Israel.

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.

I am Jewish and have Israeli and American citizenship. I married a non –Jewish American guy in Ohio , U.S.A., his home town. We registered the marriage at the Ministry of Interior in Israel. We lived in Israel for a while but our marriage did not work and he returned to Ohio. I think he wants to end everything, too. Where can we get divorced ?

Marriage and Divorce Divorce (Mixed Faiths)

In Israel or in Ohio, U.S.A. The wife could start dissolution of marriage proceedings in Israel resulting in an ex-parte judgment if her husband co-operates as mutual consent is grounds for divorce under Israeli civil law. There would be no need for the husband to fly to Israel. Alternatively, divorce proceedings can initiated in Ohio under the Revised Ohio Code by a party who is resident there at least six months prior to filing i.e. the husband . There are no-fault based grounds such as living separately for a year and incompatibility, providing this is not denied by either party.

If the husband obtained the Ohio divorce first, this could be registered at the Ministry of Interior in Israel.

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 ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes, 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.

 

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 ?

Marriage and Divorce Divorce (Mixed Faiths)

Not 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.

What legal steps must a wife who is Jewish, and who moved to Israel, but who has not yet become a citizen, take to divorce her husband, who is non-Jewish, whom she married abroad in a civil ceremony, and with whom she has no contact at all ?

Marriage and Divorce Divorce (Mixed Faiths)

Firstly, the fact that the woman has not become an Israeli citizen is irrelevant. She can still begin the process of civil divorce (“dissolution of marriage”) against her non-Jewish husband, as her status in Israel is not the key factor. What is important is for her to ascertain whether her husband is in Israel or not. She can do this at the Ministry of Interior and get details of his entries and exits from Israel. If it transpires that he is in Israel, and his whereabouts within the country are unknown, she can apply to court for “substituted service” of the legal documents via publication in the written press. She can continue the process this way.

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

Marriage and Divorce Divorce (Mixed Faiths)

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.”

Can a court in Israel give a judgment declaring a “mixed marriage” couple divorced – if they both consent – without them having to attend a hearing ?

Marriage and Divorce Divorce (Mixed Faiths)

Yes, this is possible, in certain circumstances . The Haifa Family Court gave a divorce judgment without either the husband , who was Jewish, or the wife, who was non-Jewish, being present. Both parties , who had married in a civil ceremony in Cyprus, wished to divorce and had given irreversible powers of attorney to a lawyer concerning the matter. The court had already authorized a divorce agreement between the couple, who had one child, in their presence.

What legislation covers civil divorce in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

The 1969 Jurisdiction in Dissolution of Marriage (Special Cases & International Jurisdiction ) , which was streamlined in 2005. Under Israeli law, the only ground for civil divorce is mutual consent, but in certain situations the laws of the country where the marriage was performed will apply, and the divorce case can be decided in Israel, based on these.

 

Is the practice whereby the rabbinical court can declare a marriage between a Jew and a non-Jew a non-starter and register its cancellation at the Interior Ministry actually valid ?

Marriage and Divorce Divorce (Mixed Faiths)

No ! The Supreme Court of Justice finally put an end to this bizarre and invalid practice in September 2006 . The long-awaited ruling was one of the last judgments with Justice Aharon Barak as its President, before his retirement. It stated quite categorically that the rabbinical court has no jurisdiction whatsoever regarding marriage and divorce where one of the parties is not Jewish. It said that the Rabbinical Courts’ Jurisdiction (Marriage & Divorce ) Act of 1953 does not empower the rabbinical courts to hear applications for dissolution of marriage where one or both of the parties is non-Jewish.

Previously rabbinical courts in Israel had often dealt with such applications and the Ministry of Interior had registered the cancellation of such marriages as a result. This practice is now categorically declared illegal. The procedure for ending mixed marriages is via a civil process, with the initial application now being made to the vice-president of the family court.

How long should it take to end a mixed marriage in Israel ?

Marriage and Divorce Divorce (Mixed Faiths)

No clear answer can be given – anything from a few months to two years, and occasionally even longer, depending on the circumstances.

Several factors can shorten or lengthen the process considerably. A major factor which speeds it up is mutual consent. Under Israeli civil law this is a recognised ground for divorce. If both parties are willing to divorce and submit a joint application to end their marriage to the family court, which is usually held to have jurisdiction over mixed marriages, this will be advantageous, especially if they attach a written agreement to this effect.

What are the possible consequences of someone having a foreign divorce judgment which has not been recognised in Israel where he lives ?

Marriage and Divorce Divorce Abroad-Recognition in Israel

Basically the fact that the foreign divorce has not been enforced or recognised in Israel will prevent a person from having the legal capacity to remarry under Israeli law, presuming he would be eligible to do so otherwise. If he did actually remarry he would be liable for prosecution for bigamy under the 1977 Penal Code.

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.

Who can a Moslem man living in Israel marry and how ?

Marriage and Divorce Options in Israel

According to Islamic Law where a Moslem man says to a Moslem woman ‘ I have married you’ and she replies ‘ I have agreed’ – or vice versa – such a marriage is valid. Under Islamic law there is no need for a marriage to take place in the presence of a Kadi – a Muslim equivalent of a priest for Christians, or a rabbi for Jews. There is no requirement under Islamic law for the marriage to be registered. In addition a Muslim man can marry a non-Muslim woman providing she believes in one God and a ‘holy book’. She does not have to convert to Islam to marry him.

However, according to Israeli personal law, a citizen must be joined in matrimony within Israel before a religious court of his faith – for Muslims this means before a Kadi. Israeli law requires the registration of a Muslim marriage with the Interior Ministry.

Can two Protestants get married in Israel ?

Marriage and Divorce Options in Israel

No, two Protestants cannot get married in Israel.The Protestant faith is not recognised in Israel and accordingly it is not possible for them to get married under religious law. Civil marriage cannot yet be conducted in Israel so the only option is to cohabit in Israel, without marrying, or to go abroad to marry, either in a religious, church wedding or a civil ceremony.

Can two Anglicans get married in Israel ?

Marriage and Divorce Options in Israel

 

No, two Anglicans cannot get married in Israel. The Anglican faith is not recognized in Israel and accordingly it is not possible for them to get married under religious law. Civil marriage cannot yet be conducted in Israel so the only option for two Anglicans is to cohabit in Israel, without marrying, or to go abroad to marry, either civilly or in a religious, church wedding.

I am a foreign worker, of the Moslem faith. I wish to marry an Israeli Arab woman who is also of the Moslem faith. Is it possible for us to get married in Israel ?

Marriage and Divorce Options in Israel

Yes, according to Islamic law, before a Kadi.

I am a Christian tourist in Israel. I have a Moslem boyfriend who wants to marry me. Do I have to convert to Islam to get married to him ?

Marriage and Divorce Options in Israel

No, according to Moslem religious law a man can marry a non-Moslem bride in a Moslem religious wedding ceremony providing she belongs to one of the monotheistic faiths . Thus a Christian woman can marry her Moslem boyfriend in a Moslem religious ceremony without having to convert. Another option would be to marry in a civil ceremony abroad.

I have been asked to enter into a fictitious marriage to save someone from serving in the army- he has offered me a considerable sum of money which would help me out of debt. We are both Jewish .Could this have any legal drawbacks for me ?

Marriage and Divorce Options in Israel

Yes ! Marrying fictitiously is a fraudulent act which, if discovered, could drag the person who co-operated into criminal proceedings . Secondly, if the situation of divorce arose later, then this would have implications in Jewish law for the woman if she wished to re-marry. She would be divorced and, for example, would not be able to marry someone who was a ‘Cohen’ (member of the priestly tribe). Also, she would have to bear the social stigma, albeit less these days, of being a divorcee.

Could  a Jewish person who innocently relied on a ‘get’ (Jewish divorce) obtained via a rabbinical court abroad be breaking the law if he remarries in a civil ceremony abroad and later discovers that the first divorce was not valid?

Marriage and Divorce Divorce Between Jews

Yes ! Israeli Singer Matti Caspi was convicted of bigamy by  Tel Aviv Magistrate’s Court which held that the religious divorce he had supposedly obtained abroad was not valid in Israeli law and, therefore, he was still married when he got wed to his second wife in a civil ceremony abroad.

The offence of bigamy under 1977 Israeli Penal Code the does not make a distinction between a valid and a void marriage regarding the alleged second marriage. Hence, one can be convicted under the Israeli criminal law of bigamy when one enters into a second marriage while still formally in the first, even though one lacks the legal capacity for this second marriage and according to Jewish law it is void from the start ( as only religious marriage to another Jew, according to Jewish law is valid) !

Someone who relies on the validity of a divorce obtained via a rabbinical court abroad may, mistakenly, think he is divorced though in Israeli law the first marriage may still be valid, if there are jurisdictional/procedural flaws in the ‘get’ process. He could be charged with bigamy.

The paradox is that the Penal Code recognizes a foreign civil marriage involving a Jew who is a citizen and resident – for the purposes of bigamy, though ironically a civil marriage abroad involving at least one Jew who is a citizen and resident of Israel has no legal validity in Israeli substantive law. This is because Israeli civil law adopts and internalizes Jewish religious law regarding marriage and divorce. Furthermore, a Jew who is a citizen and resident of Israel lacks the legal capacity to enter into a civil marriage abroad, according to Jewish religious law, the personal law applying to Jews in Israel. He can only marry another Jew, in a traditional Jewish wedding, according to Din Torah.

I married a woman in a Jewish ceremony religious ceremony in Israel, after she had immigrated from Argentina, where her first  husband, who had been vociferous in his opposition to the former military regime ‘disappeared’ after being arrested and taken away for interrogation. She has no discovered that he is alive. Is my marriage valid, or will I have to get a divorce ?

Marriage and Divorce Marriage and Kiddushin

The dedication and marriage of a man to a married woman is prohibited according to ‘Din Torah’ (Jewish Law) and, therefore, a ceremony involving  a couple whose marriage is forbidden  will be “void ab initio”  (from the beginning). Accordingly, there will be no need for you to get a divorce under Jewish law; were never viewed as married according to Jewish law, and no rights or obligations arise from the forbidden and legally invalid union. A woman whose husband disappears for a long time and whom she is sure is dead , will need to get special permission from the rabbinical court if she wishes to marry someone else. She will require a ‘ Aguna’s ( Abandoned Wife’s) Permit’ .

Other examples of forbidden matches are a) a man with his sister-in-law and b) a man with his mother, sister or daughter ; the ban on these is total.

Can a Jewish couple who divorce remarry one another ?

Marriage and Divorce Divorce Between Jews

 

 

In principle yes, providing there is no prohibition in Jewish law preventing this.

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.

I am a Jewish divorcee. I have been dating a Cohen whom I would love to spend the rest of my life with. My family say that even if he popped the question, the Rabbinate wouldn’t let us get married. Is that true ?

Marriage and Divorce Divorce Between Jews

Yes ! Jewish law is very strict on this. A Cohen is forbidden from marrying a Jewish woman who has divorced her husband. One way of by-passing this is for the  two to marry in a civil ceremony abroad and having the marriage registered at the Ministry of the Interior here. However, from a strictly legal point of view such a marriage would not be legally valid here, according to the Rabbinical Courts Jurisdiction (Marriage & Divorce) Law of 1953. This states that two Jews who are residents or citizens of Israel can only marry according to Jewish law, and puts matters of marriage and divorce into the exclusive hands of the rabbinical courts.

A civil marriage would have administrative validity – the marriage could be registered at the Ministry of Interior and each party would be recorded as “married” in their Israeli identity card. The Supreme Court of Justice in Jerusalem has held that this registration is no proof of the legal validity of the marriage. In practical terms the fact that the marriage is recorded in the identity card is sufficient for various things the parties may wish to arrange e.g. a mortgage should they wish to purchase an apartment .

Another option is to live together and make an agreement setting out rights and obligations towards each other without getting married.

can a person whose Jewishness is in doubt marry according to Jewish law in Israel ?

Marriage and Divorce Options in Israel

No ! That person must convert to the satisfaction of the rabbinate before having the capacity to marry in an Orthodox wedding ceremony according to Jewish law in Israel.

Can a lesbian or homosexual couple get married according to Israeli law in Israel ?

Marriage and Divorce Options in Israel

No. Lesbian or homosexual marriage does not exist in Israel. It is possible for two Israeli lesbians or homosexuals to get married abroad, where the relevant foreign law permits marriage between parties of the same sex.  Furthermore, upon their return to Israel, this marriage can now be recognized , administratively, in Israel afterwards , following a November 2006 Israeli Supreme Court of Justice 6: 1 majority ruling. This  ordered the Ministry of Interior to register such foreign marriages, providing there is documentary proof that the ceremony was conducted and recognized according to law, where it took place.

In any case,  a single sex  couple can make a family life agreement in Israel and have it authorized at a family court.

Is a marriage conducted according to Jewish law involving a homosexual man and a heterosexual woman valid ?

Marriage and Divorce Options in Israel

Yes, the validity of the marriage depends on the legal capacity of the parties to marry, rather than their sexual tendencies, and if the ceremony was carried out properly according to Jewish law, then the union will be legally valid.

Are witnesses vital to a Jewish marriage ceremony ?

Marriage and Divorce Options in Israel

Yes. Without two witnesses with full legal capacity under Jewish law the dedication and marriage ceremony is void ab initio (from the beginning). Their presence is an essential part of the ceremony and gives it legal value. Without it the marriage is not legally valid.

My husband and I are both Jewish but married in a civil ceremony abroad . We did not register the marriage at the Ministry of Interior. We have decided to split up. Do we need to do anything in Israel so that we are free to marry anyone else under Israeli law ?

Marriage and Divorce Divorce (Same Faith)

Yes. Even though you choose not to have a Jewish religious wedding, if you want to be legally entitled to marry again according to Israeli – and in your case, Jewish religious law – you will need to get a ‘get’ from the rabbinical court. This is to erase any doubt about ‘dedication’ (‘kiddushin’). Otherwise, if you do not have a ‘get’ and you have a child with another Jew, then, under Jewish law that child would likely to be regarded as a bastard (‘Mamzer’), if , in Jewish law, you had not obtained a ‘get’ , and were regarded as ‘married’ by the rabbinical court ( because you had been ‘dedicated’ by your husband). Furthermore, there is the need to formally end your marriage, so as to avoid complications of bigamy, should you wish to marry in the future.

What are the civil marriage options open for Israelis in Israel ?

Marriage and Divorce Marriage and Kiddushin

Non-existent ! Civil marriage does not exist in Israel at present. The options lie abroad. These marriages are recognised by the Ministry of the Interior and can be registered there, so that the word “married” appears on your identity card, if you take your marriage certificate there for registration.

In recent years there have been many attempts to change the law and introduce civil marriage in Israel, but so far nothing concrete has resulted.

 

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