Divorce – Mixed Marriages – Other

Question:

My husband and I are immigrants from the former Soviet Union who married abroad before arriving in Israel. I am Jewish but he has no religion, though his father was Jewish. We signed an agreement to end our marriage and took it to the rabbinical court for approval. The rabbinical court authorised it although I have now heard that they can only end marriages where both sides are Jews. Where does this leave me ?

Answer:

The rabbinical court only has jurisdiction to end marriages where both parties are Jews. “Mixed marriages”, such as one between a Jew and someone with no religion, have to be ended by the process of dissolution of marriage . Jurisdiction for this usually lies with the family court, and is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969.

Where a rabbinical court has jurisdiction – when both parties are Jews – it can also authorise a property relations / divorce agreement regarding a couple’s finances,too. However, if only one side is Jewish then it cannot as it lacks jurisdiction.

Despite this, many ‘mixed couples’ have had their divorce/dissolution agreements wrongly authorised by rabbinical courts in Israel. A case which finally found its way to the Haifa Family Court in 2001 after a jurisdictional run-around is illustrative of this .

The couple had married in a civil wedding in Moscow in 1988 and immigrated to Israel with their daughter. The husband was Jewish and the wife had no religion. They had submitted an agreement entitled ‘Compromise Agreement and Agreement To Dissolve Marriage’ to the Haifa rabbinical court which gave a judgment authorising it.

The husband applied  to the rabbinical court to cancel the judgment claiming it had lacked jurisdiction to give it – but lost. He then petitioned successfully to the Supreme Court of Justice which issued an order cancelling the judgment at the rabbinical court.The wife finally began the dissolution of marriage process correctly – and it was held that jurisdiction lay with the family court.

Question:

Can a Jew and a Buddhist who married abroad but live in Israel, and wish to divorce, get divorced in Israel ?

Answer:

Yes – via the civil process of Dissolution of Marriage, at the family court. The process is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969.

Question:

I am an Israeli Arab, a Moslem. I married a Russian immigrant who has no recorded religion in a civil ceremony in Cyprus. We want to divorce. Can we do so in Israel, without having to travel to Cyprus again ?

Answer:

Yes ! Mutual consent is a ground for divorce under the civil process of Dissolution of Marriage which applies to mixed religious couples like you. The family court will have jurisdiction over your divorce.