Dissolution of a Cyprus marriage

Cyprus is one of the popular destinations to which Israelis travel to get married, in view of its proximity to Israel, the affordable prices and religious freedom. After the couple returns to Israel and registers the marriage in the population registry, the couple is considered legally married. But unfortunately, not all marriages last. Sometimes the couple decides to separate, and most of the couples who travel to Cyprus to get married are not aware of the procedure for the dissolution of a marriage held in Cyprus.

What is a civil marriage?

In Israel, religious law applies to the marriage and divorce of spouses who belong to the same religion. Since civil marriage is not an option in Israel, spouses belonging to different religions or having no religion find it difficult to find the best way to get married. Some choose to regulate their status with the help of a “spousal covenant,” others rely on the “common law partners” arrangement, and some choose the simple way of marrying abroad. The third way was recognized in Israel for the purpose of registering marriages in the population registry based on the rules of international law. However, the divorce rules that apply to these couples are unclear, and Israeli law has struggled with this issue for many years.

Divorce and dissolution of marriage in Israel

The divorce procedure for couples who were married according to religious law includes a long process in the religious court. The State of Israel officially recognizes four religions, each of which has its own court system: Judaism, Islam, Christianity and the Druze religion. Couples of the same religion who were married in a civil marriage abroad are sometimes able to get divorced in a religious court if both parties agree to do so.

For many years there was a dispute regarding the applicable law for non-religious people and members of different religions (whose religion does not recognize mixed marriages). These couples have to apply to the family court to dissolve their marriage, but it was unclear what the conditions for dissolving their marriage would be.

To resolve this issue, the Jurisdiction in Matters of Marriage Dissolution Law (Special Cases and International Jurisdiction), 5729-1969 was enacted:

(a) A family court whose jurisdiction is determined according to this Law will hear the matter according to the following order of preference:

(1) The internal law of the spouses’ common country of residence.
(2) The internal law of the spouses’ last common country of residence.
(3) The internal law of the spouses’ country of common citizenship.
(4) The internal law of the place where the marriage was conducted.

In other words, the law specifies different alternatives, ranked by priority. The first alternative is the dissolution of the marriage according to Israeli internal law if both spouses live in Israel. The next alternative is the internal law of the last common country of residence of the spouses, the third alternative is the internal law of the country of common citizenship of both spouses, and the last alternative is the dissolution of the marriage according to the internal law of the country in which the marriage ceremony was conducted.

How are Cyprus marriages dissolved?

In practice, the typical situation involving the dissolution of a Cyprus marriage includes spouses with no status or members of different religions who chose to marry abroad and live in Israel. Often, these spouses will get divorced after living together in Israel for several years and while both parties are citizens of Israel. In such a situation, according to the law, the internal law in the State of Israel should apply; however, the internal law is the religious law and there is no official recognition of any “civil internal law” in Israel. This is why the Supreme Court, in Case No. 5640/16 Anonymous v. Anonymous that dealt with a couple from different religions who married in Cyprus, held that the most relevant alternative for these couples would be option number four: getting divorced according to local law. That is, if a couple married in Cyprus, the dissolution of their marriage would be according to the applicable law in Cyprus.

What does the ruling mean for couples who were married in Cyprus?

Following the ruling of the Supreme Court, where the applicable law is the foreign law of the place of marriage, the couple may be required to present an opinion regarding the law in Cyprus. A similar case was discussed in 2016 in the Tel Aviv Family Court, Case No. 32834-08-15, in which a woman who requested a divorce from her partner whom she married in Ukraine was asked to submit an opinion of the applicable Ukrainian law. This requirement may burden the applicants and force them to search for the relevant provisions of foreign law. Therefore, it is advisable to consult a lawyer who specializes in family law with experience in foreign law.

It is important to note that if the couple belongs to two different religions recognized in the State of Israel, they will have to contact the family court for a preliminary clarification as to whether one of the religious courts in the country has Jurisdiction to hear their case. In this case, their application to dissolve the marriage in the family courts can only be heard after the president of the court has contacted the heads of the religious community to which each of the spouses belong and inquired whether any of them have the jurisdiction to discuss their divorce.

How to find out the applicable law for dissolving a Cyprus marriage?

The procedure for divorce or dissolution of a marriage of couples with no status or members of different religions is complex and includes many details. In this article, we have reviewed the law that applies to couples who were married abroad, and in particular in Cyprus, and explained how they may be asked to submit an opinion dealing with Cypriot law or any other foreign law to the family court. Our office in Jerusalem and Tel Aviv specializes in family law and inheritance with extensive experience in foreign law. We are happy to be at your service.