Agreements

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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 .

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.

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.

No !

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

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,

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.

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.

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 .

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.

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.

Yes, in certain circumstances.

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.

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.

Yes !

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.

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.

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.

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.

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.

yes.

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.

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.

Yes.

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

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.

Quite possibly, depending on the circumstances.

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 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 .

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.

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.

Not necessarily.

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.

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’.

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.

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.

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.

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.

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.

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 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.

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.

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.

Probably so.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

 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.

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.

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.

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.

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.

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.

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.

In principle, yes, provided that recognition is sought in a country where there is a reciprocal arrangement for recognizing Israeli judgments.

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.

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.

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.

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

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.

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.

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 .

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.

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.

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” .

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.”

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.

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.

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.

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.

In principle, yes, provided that recognition is sought in a country where there is a reciprocal arrangement for recognizing Israeli judgments.

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.

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.

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.

Yes, according to Islamic law, before a Kadi.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.