Divorce

In Israel, a “GET” (divorce) can only be made between a Jewish couple by the hands of the rabbinical court, even if the couple married abroad in a civil marriage.

In light of the fact that in order for a divorce to be granted, the party requesting the divorce must prove “a cause of divorce” (i.e a cause recognized in the Jewish faith and acknowledged by the rabbinical court), It is very important to consult before applying to the Rabbinical Court, since a claim filed without cause may be denied.

The causes of the divorce may derive from the spouse’s behavior and / or a physical defect in the spouse, and the grounds for which a woman can divorce her husband differ from those for which a man can divorce his wife.

Proof of the cause of divorce by a woman may, except for granting a divorce, also help the woman to obtain her “KTUBA” (basically the Aramaic scroll the husband signed on the day of the marriage in which he stated how much he will pay in case of divorce), while proof of the cause of divorce by the husband may help exempt him from paying the KTUBA and from paying alimony until the divorce is granted.

In addition, Israel has a parallel jurisdiction, which allows both the Rabbinical Court and the Family Court to deal with matters related to divorce, namely, the division of property, custody, alimony and child support, and the tribunal is chosen by the “first come first served” rule, so in case that proceedings have not yet been taken against you, it is advisable to consult with a lawyer specializing in this field in order to choose the most suitable tribunal in which to file the legal proceedings on your behalf.

When it comes to spouses who are of different faiths (who married in a civil marriage abroad), they cannot file for a divorce, and should they choose to end their marriage they need to file for a dissolution of marriage.

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The contents of this website are general information only and do not constitute a substitute for specific legal advice