Divorce - Mixed Marriages - Jew & Christian

Question:

Can a Jew and a Roman Catholic who married abroad but who live in Israel get divorced over here ?

Answer:

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages. This is governed by the Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969, which was streamlined in 2005. Most probably jurisdiction to dissolve the marriage will lie with the family court, but a final decision on whether it does so, or whether it lies with a religious court, will be made after the Vice President of the Family Court receives an opinion from the Greater Rabbinical Court and the relevant Roman Catholic Court, in accordance with law.

Question:

I am Jewish and my husband is Christian, an Anglican, from England. We met on kibbutz here and married in a civil ceremony abroad. Soon after our return to Israel my husband admitted having sex with volunteers, said marriage was not for him, packed up and went down south. I know he is still in Israel as I checked with the Ministry of the Interior. Can I got a divorce, and how ?

Answer:

Firstly, as your marriage is a mixed one, you being Jewish and your husband not, you will have to go through the process of “dissolution of marriage” and not divorce .

The whole process is governed by the newly updated Jurisdiction In the Matters of Dissolution of Marriage (Special Cases & International Jurisdiction ) Law of 1969. You can file for dissolution of your marriage at the family court, but a decision confirming whether it or a religious court has jurisdiction over the case will only be made after the Vice-President there has consulted with the relevant religious courts here in Israel . In your case, this would only be the rabbinical court as the Anglican faith is not recognised here. Most likely, the family court will have jurisdiction.

You should apply for an order stopping your husband leaving the country anyhow. If your husband is traced meanwhile, it would be preferable to seek his co-operation in ending your marriage; mutual consent is a ground under the act and a written agreement is the best bet. If not you will have to prove grounds for divorce under the laws of the country where you married.

Question:

Can a Jew and a Protestant who married abroad but live in Israel get divorced over here ?

Answer:

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages. This is governed by the updated 1969 Jurisdiction in the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction) Act of 1969. A decision will be made about whether the family court or a religious court has jurisdiction over the case after the Vice-President of the family court has received an opinion from the Greater Rabbinical Court on the Jewish side . No opinion is needed regarding the Protestant spouse as the Protestant faith is not recognised in Israel. Jurisdiction in the dissolution of the marriage should lie with the family court.

Question:

Can a Jew and an Anglican who married abroad but live in Israel get divorced over here ?

Answer:

Yes, the process of dissolution of marriage applies to ‘mixed’ religious marriages. This process was streamlined in 2005, and now starts at the family court, which will most probably have jurisdiction to hear the case. However, the Deputy President there will have to consult with the Greater Rabbinical court first, before ruling on this. No opinion is needed regarding the other spouse as the Anglican faith is not recognised in Israel.

Question:

Can two Ethiopians, one Jewish and one Christian, who married in Ethiopia before they immigrated to Israel, divorce here – and how ?

Answer:

Yes ! Civil divorce , technically known as dissolution of marriage, is possible in Israel, for Ethiopian couples of different religions, who married in Ethopia. Under the Matter of Dissolution of Marriage (Special Cases & International Jurisdiction ) Act of 1969 application is first made to the president of the family court to determine which court has jurisdiction , though invariably it will be with the family court itself. Under Israeli law mutual consent is sufficient grounds for dissolving a marriage , but where one party opposes, the other side must prove grounds under Ethiopian law, for which an expert opinion must be submitted.

In January 2008 Jerusalem Family Court ordered the dissolution of marriage of an Ethiopian Jewish man who had married a Christian woman before a tribal chief in Ethiopia, prior to their immigration to Israel.

The couple had grown up children, and had been separated for 14 years, with the husband cohabiting with another woman with whom he had a child. In this case the husband submitted an expert opinion on Ethiopian law , which argued that applying for a divorce was, itself, sufficient ground for ending the marriage, under the revised foreign law. This was accepted by the court , despite faults, because of the absence of a counter opinion by the objecting wife, and the difficulty of finding any experts in the field. This, together with the fact that neither side disputed the long separation and the absence of hope for reconciliation, was sufficient for the court to declare the marriage dissolved. The wife was mistaken when she feared that ending the marriage would prevent her from pursuing legal proceedings against her husband for an alleged 50,000 NIS maintenance debt he owed her, the court held, saying that the divorce proceedings had began over ten years ago and should not be held up any longer.