Dissolution of Marriage in Israel: When the Separation Does Not Go Through the Rabbinate
In Israel, marriage and divorce between members of the same Jewish faith go only through the religious courts. Dissolution of marriage and who may seek it.
In Israel, marriage and divorce between two members of the Jewish religion are conducted only in the religious courts. But when the couple is mixed (in terms of religion), has no religion, or married in a civil marriage, the divorce proceeding is called "dissolution of marriage" and it is carried out in the Family Court, unlike an ordinary divorce.
Halevi • Levi Law Office, which specializes in family law, accompanies couples through dissolution of marriage proceedings, providing a legal answer for arranging all the related rights: property, children, support and personal status.
What is the marriage-dissolution proceeding?
Dissolution of marriage is a civil judicial proceeding intended for cases in which a divorce cannot be carried out under religious law, for reasons of personal status, a civil marriage, a different religion, or no religious affiliation.
The Family Court is authorized to hear the application and to issue a dissolution of marriage order, which is the equivalent of a divorce judgment. At times the proceeding includes an opinion of the Attorney General, and at times also of the rabbinical courts when one party is Jewish.
When is a marriage-dissolution proceeding required?
Spouses of different religious statuses (for example a Jewish man and a Christian woman)
Couples who are not recognized as belonging to any religion
Same-sex couples who married abroad
Couples who married in a civil marriage in a foreign country
Spouses with no religion, or of religions not recognized in Israel
Arranging the related matters: property, children and support
As in any separation, in a dissolution of marriage too the following must be arranged:
Division of property according to the balancing principles
Child custody and parenting-time arrangements
Support for minors or support between the spouses
Updating the status registration at the Ministry of the Interior
A professional and precise proceeding prevents complications and protects the rights of all the parties, and above all the welfare of the minors.
Frequently asked questions: dissolution of marriage in Israel
What is the difference between divorce and dissolution of marriage?
A divorce takes place according to religious law in the religious court. A dissolution of marriage takes place in the Family Court, and it suits those who cannot, or do not wish to, divorce religiously.
Is a lawyer required for a dissolution of marriage?
It is not mandatory, but it is strongly recommended. This is a complex legal proceeding, at times facing the Attorney General, and particularly when there are children, property or civil registration to arrange.
How long does the proceeding take?
On average 3 to 6 months, depending on the caseload and the complexity of the file (by consent or without consent).
Must a joint application be filed?
No. An application may also be filed by one party alone, but service of process and a full proceeding will be required.
Halevi • Levi Law Office: professional support in dissolution of marriage
The office accompanies couples through dissolution of marriage proceedings, the drafting of separation agreements, the handling of property and custody matters, and the arrangement of personal status with the Ministry of the Interior.
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