Divorce
How do marriage laws in Israel differ from those in other countries?
In Israel, marriage laws are unique and may differ significantly from those in other countries. Here, there is no option for secular marriage. To get married, couples must be of the same faith and have their marriage recognized by the applicable religious court. This means that couples of different religions, same-sex couples, and Cohens who wish to marry divorced women must leave the country to get married. As a result, “marriage tourism” to nearby countries such as Cyprus has become increasingly popular. Israel recognizes these marriages as valid, based on the laws of the country where they were performed.
If you find yourself unable to marry in Israel or choose not to wed but wish to cohabitate, you can still establish a legally recognized relationship. Known as “yeduim batsibur” or “known in public” couples, these partnerships function similarly to civil unions in Western countries. As a “known in public” couple, you and your partner can live together, share assets, split expenses, and enjoy the same rights as married couples.
However, to ensure your rights and wishes are fully protected, my law firm recommends creating legal documents that clearly outline your intentions regarding finances and other important issues. These documents can prevent the court from making decisions that may not align with your wishes if you pass away or decide to separate.
Facing divorce alone? Let us guide you through it
The Right Divorce Lawyer
There is something you need to know: I and my team do not push people to get divorced. I’ve even had potential clients thank me for persuading them to consider counseling first.
However, choosing a divorce lawyer is a crucial and often daunting task. You are about to embark on an unfamiliar journey through the legal system while dealing with emotional turmoil. You need a lawyer you can trust completely and with whom you can establish a close working relationship. This partnership may last weeks, months, or even years. Remember, not all lawyers are created equal. The questions you should ask yourself before hiring a lawyer and other essential questions and tips are also listed in my eBooks.
Compassionate and Professional Support During Divorce
If you are considering divorce or your spouse has initiated the process, know that you are not alone. Divorce is tough, but staying in a bad marriage can be even more detrimental—for you, your spouse, and your children. At Hait Family Law, we believe in creating a supportive team of professionals to guide you through the divorce process with confidence and care.
Empowering You with Information and Support
Understanding the complexities of divorce in Israel, especially navigating the process in Hebrew, can feel overwhelming. Hait Family Law focuses on educating and representing you, providing the information and tools you need to maximize your legal rights without turning the situation into a hostile battle. Also, we aim to protect your children from becoming casualties of a scorched-earth divorce.
Basic overview of the divorce process in Israel
In Israel, you have to consider several critical factors in any divorce:
1. Jewish Writ of Divorce (Get)
For Jewish couples, the Rabbinical Court requires a document known as a GET and a ceremony to end a marriage and finalize the divorce. Without a GET, you remain legally married and cannot remarry.
2. Child Support
Establishing the amount of monthly child support is necessary. Jewish law holds that a father is responsible for the financial maintenance of his child. However, following the Supreme Court ruling “919,” after age six, the relative earning capacity of each spouse is considered, potentially lowering child support amounts.
The court calculates support on a case-by-case basis by considering the child’s basic needs, their current standard of living, both parents’ incomes, and other pertinent information.
Unfortunately, because there is no set formula for determining child support, the amount awarded can vary widely, even for individuals in similar situations. Creating a divorce agreement through mediation can give you more control over the details of your child support payments and ensure that you are not at the mercy of the court.
3. Child Custody
Determining who will have custody of the children and the visitation schedule for the non-custodial parent. While joint custody is more common now, young children are typically placed in the mother’s custody unless she is deemed unfit. If you and your ex can negotiate a mutually agreeable custody plan as part of your divorce agreement, it will usually be honored by the court unless they believe that it does not serve the best interests of the child.
4. Division of Assets and Debts
This involves deciding how the couple’s assets and debts will be split. All assets and debts accumulated during the marriage are divided equally unless a prenuptial agreement or postnuptial agreement dictates otherwise. However, if you do not have one of these agreements, enlisting the help of a skilled divorce mediation lawyer to negotiate how your assets will be split can often be preferable to allowing the court to decide the matter for you
These factors must be addressed in every Israeli divorce between Jewish spouses. Understanding how these issues are resolved within the legal system is crucial.
Court systems in Israel
Divorces can occur for a variety of reasons. One thing that has to be taken into consideration is that divorce in Israel is different than in any other country in the world due to the unique structure of the court system, which has both civil and religious courts. Your personal law determines which religious court has jurisdiction over the official dissolution of your marriage. For example, in Israel, a Jewish couple must file for divorce within the Rabbinical Court. If you do not have a religious affiliation or your religion is not recognized by the state, you may seek a divorce in civil court.
There are two official courts in Israel; the secular Family Court and the religious Rabbinic Court. They both handle all aspects of a divorce (asset division, child custody, and child support), with the exception of the Jewish divorce document. This is called a GET and the official issuing of that document, as well as the ceremony accompanying it, takes place exclusively in the Rabbinic court.
The court that hears the divorce case will determine which law is applied – Jewish law or secular law—and can therefore affect the outcome of the case. Even though, in theory, the Family court is supposed to rule within the confines of Jewish law (when both spouses are Jewish), in practice the Family court’s interpretation and application of Jewish law can differ greatly from that of the Rabbinic court. Whoever files for divorce first determines which court will decide the issues.
It’s important to note that, unlike in many Western countries, there is no alimony (spousal support) in Israeli divorces. Non-citizens might consider the benefits of pursuing a divorce under the laws of their home country.
Strategic Court Selection
Once a lawyer has assessed your case, they can help you strategically decide which court would be best for you to file in, ensuring your rights are upheld. This decision can greatly impact your case’s outcome, as Family Court judges often interpret the law differently than Rabbinical Court judges. The ruling you receive could vary significantly depending on which court handles your case.
What challenges do Anglo-Jewish couples face in divorce?
Olim who have made Aliyah may face special challenges when going through the divorce process. Israeli law is quite different from Western law, which can lead to confusion for individuals unfamiliar with the court system and put them at a distinct legal disadvantage. Another factor adding to the complexity for English speakers is that some parts of the legal process may be conducted in Hebrew.
The prospect of a divorce can be particularly daunting for Anglo-Jewish women who have traveled to Israel to marry their husbands. They may be far from any support system, and the pressures from their husband’s family can be extreme. If you are facing a divorce or have questions about the process, you don’t have to go through it alone. Hait Family Law can provide the clear, compassionate legal advice you need to handle your situation confidently.
Is divorce your only option?
While divorce may be the right choice for some, it is not the only option.
So, before diving into the divorce process, have you considered couples counseling, or mediating a divorce agreement?
A powerful tool that has helped many couples is a “reconciliation or in the alternative” agreement. This agreement acknowledges your marital issues and outlines a plan for fixing them while also detailing the terms of a potential divorce. This dual approach provides you with clarity and the motivation to work on the marriage and a solution if the reconciliation period is unsuccessful.
Contact Hait Family Law for expert legal advice on divorce.
We are here to make your divorce less overwhelming. Having a supportive team that understands both the Israeli legal system and your values can significantly reduce your stress and increase your chances of achieving your desired future.
Contact us today to schedule a call to find out how we can assist you.
