Marriage and divorce in the State of Israel are a very complex issue, mainly for the simple reason – according to which they are subject to the religious-personal law that applies to the couple, in contrast to most countries in the world. However, over the years, a number of loopholes have been found, by virtue of which – Israeli-Jewish couples and non-Jewish couples can marry in a foreign country and then register in the State of Israel as legally married. But still, many questions arise in the context of marriage and divorce in general and when it comes to divorce in cases where the marriage that took place, is a civil marriage. Therefore, in the following article, we have gathered a number of frequently asked questions on the subject, in the hope of answering them to your satisfaction and to the knowledge of the surfers and surfers:
How do you get married in Israel?
In the State of Israel, religious law applies to spouses. This is what the “Word of the King in his Council” in the Land of Israel states regarding members of religions in the Land and this is the ruling of the Rabbinical Courts (Marriage and Divorce) Law, 1953. This means that Jewish couples will marry according to the provisions of Hebrew law. Religious applied to them (for example, canon-Christian, or Sharia-Muslim law).
How do you get divorced in Israel?
As stated, divorce and marriage will be conducted according to the religious law applicable to the couple. In the case of Jews, they will have to divorce by filing for divorce in the rabbinical court, which is a religious court, made up of rabbis qualified by the rabbinate. The binding law in the religious court is Hebrew law and so are the grounds for divorce, which are the permanent grounds in Hebrew law (for example – infidelity, an act of ugliness, “disgusts me”, a rebellious woman, violates a Jewish religion, physical defect, dissatisfaction and sexual existence and more). It is important to note that a divorce claim in the rabbinical court is a legal claim for all intents and purposes, for all that that implies. Therefore, legal representation is a required thing.
Is it possible to get married in a civil marriage in Israel?
In the State of Israel, it is not possible to marry in a civil marriage, since the law does not allow this to be done. However, you can marry in a foreign country, return to Israel and then register with the Ministry of the Interior as married. There has never been such a possibility in the past. That is – it was possible to get married, but the Ministry of the Interior did not allow marriage registration. All this has changed following a Supreme Court ruling. By the way, the Supreme Court ruling also allowed same-sex couples, who were married in a foreign country that recognizes the validity of the marriage, to register in Israel, in the Ministry of the Interior, as married.
How do you get married abroad?
It is important to note that a marriage in a foreign country should be a marriage that is recognized according to the laws of the foreign country for the purpose of registration here in Israel, in the population registry. In general, many Israelis marry in Cyprus, the Czech Republic and Canada. Usually, for a marriage in a foreign country, identity cards as well as a registration extract from the Ministry of the Interior are required to marry in the foreign country and a translation of those documents is required. Then, with the marriage certificate, one has to go to the Population Registry, for the purpose of registering marriage. That is – a change of status.
Can couples of different religions also get married abroad?
The answer is yes. In fact, the possibility of marrying in a foreign country, helps couples of different religions, who can not marry in the country in a religious marriage, religiously and legally, to marry legally in a foreign country. Moreover, even Jews who cannot marry, such as a priest and a divorcee, bastards, etc., can marry in a foreign country. To teach us that this possibility makes it easier for many, who unfortunately cannot fulfill their will within the borders of the State of Israel.
How to divorce after marriage abroad?
The answer to this question is divided into two parts: the first part, refers to a case in which the marriage was conducted by two Israelis who could have married in Israel, by virtue of the religious law that applied to them. In such a case, the couple will have to apply to the relevant religious tribunal in their case. The second part, deals with a situation where both spouses could not marry in the country by virtue of religious law and then they will have to file in the Family Court, a claim for marriage permit.
In conclusion:
Divorce and marriage in the State of Israel will be conducted according to the religious-personal law that applies to the couple. However, Israelis can marry in a foreign country, whether they are Jews or non-Jews. If the couple wants to file for divorce in a civil divorce, they will have to go to the religious court, or file a lawsuit for permission to marry, to the family court. One way or another, we emphasize that it is always advisable to seek the help of a divorce lawyer, with experience and knowledge.
For more information: Legal
