Divorce - Druze Couples

This section deals with divorce between a Druze man and wife in Israel.

Jurisdiction Over Druze Divorce

Question:

Which court deals with the divorce of two Druze in Israel ?

Answer:

The Druze religious courts have exclusive jurisdiction over matters of marriage and divorce concerning Druze who are citizens or residents of Israel, under the Druze Religious Courts’ Act of 1962.

Druze Divorce - Effective Immediately

Question:

When does divorce between Druze take effect – when the husband declares so before witnesses, or when a Druze court registers it and makes a decision concerning it ?

Answer:

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.

Druze – No Binding of Other Issues To Divorce Without Consent

Question:

Are issues of child custody , maintenance and division of property automatically heard with a divorce plea ?

Answer:

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. These points were made by the Supreme Court of Justice in a unanimous ruling in February 2004 on the issue.

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Divorce - Druze Couples

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