Dissolution of foreign marriages in Israel

During the dissolution of a marriage – the Israeli alternative to divorce for couples who are not of the same religion – the question often arises as to what law applies. The Israeli law stipulates certain default rules, and, if none of them apply, the court may decide on the dissolution of foreign marriages according to the law in the place of residence of one of the spouses. If both spouses live in Israel but are not of the same religion, the procedure may be determined based on the law of the place where they married. Below, lawyer Anat Levi, a partner of our firm who specializes in family law, explains about the topic.

What Is the Dissolution of a Marriage and for Whom Is It Relevant?

As most of you probably already know, the State of Israel does not allow civil marriage ceremonies within its borders. As a result, many couples choose to conduct their marriage outside of Israel, in countries that allow civil marriage. What happens when these couples decide to end their relationship and to divorce? If the spouses both belong to the same religion, the law stipulates that they must divorce through a religious court (the Chief Rabbinate of Israel for Jews, the Christian courts for Christians, and the Sharia Courts for Muslims). In contrast, if the spouses do not both belong to the same religion, they must undergo a sort of civil divorce, which, in Israel, is called dissolution of marriage. This raises an important question for these couples: which law applies that will govern their divorce? Is it the law of the State of Israel or the law of the state in which they were married? Below we explain about this complex legal situation.

What Is the General Procedure for the Dissolution of a Marriage?

As stated above, the dissolution of a marriage via a family court may be done only if the spouses belong to two different religions and were married in an arrangement that is not in accordance with the religious law in Israel. A necessary condition for beginning the marriage-dissolution process is that at least one of the spouses has a connection to the State of Israel. Couples who wish to dissolve their marriage may be required to present proof that one of them belongs to a different religion or has no religion. They will also be required to present an apostilled marriage certificate along with a certified translation of it. If one of the spouses is Christian or Muslim they will have to request a permit from a Christian or Sharia court to dissolve the marriage. If all the documents are presented and all the conditions fulfilled, the court will issue a ruling that declares the marriage dissolved. After that, the spouses will be able to register as divorced at the Ministry of Interior by presenting this ruling. Additional information about the procedure may be found in the detailed guide that was published on our website regarding civil divorce.

Which Law Applies in the Case of Marriage Dissolution?

The Israeli law stipulates a series of rules regarding the jurisdiction for marriage dissolution. The default is for the dissolution to be conducted according to the common place of residence of the couple. For example, if the couple lived together in Israel, their marriage will be dissolved according to the Israeli law. If they lived together in Germany but one of the spouses has a connection to Israel that allows for the procedure to be conducted in Israel, the marriage will be dissolved according to the German law. If the spouses do not currently live together but have lived together in the past, the law that will apply will be the law of the last country in which they lived together. If they never lived together, the law that will apply will be the law of the country of which they are both citizens. If the couple never lived together and never had a common citizenship, the law that will apply will be the law of the country in which they were married. If none of the above is the case, the court may rule according to the law of the place of residence of one of the spouses, as it sees fit under the circumstances.

The Supreme Court issued an important decision in this matter in 2017 (family court appeal no. 5640/16). This case dealt with the dissolution of the marriage of two Israeli citizens—a Jewish woman and a man with no religion. They had been married in Cyprus and then registered in the Population Registry as a married couple. They later encountered trouble in their marriage and decided to divorce. In the legal proceedings that followed, the question arose as to whether their marriage should be dissolved according to the Israeli law or according to the laws of Cyprus (where they had married). The main dispute was about the question of what is “internal law” as stated by the law. The court ruled that, since there is no civil law in Israel regarding marriage and divorce, the law that applies shall be the personal law, namely, the religious law. However, when the spouses are both Israeli citizens but do not belong to the same religion, or one of them has no religion, the internal law that applies is different, and the relevant alternative for them is the law of the place where they were married.

The consequence of this decision is that, in cases where the law that applies for the dissolution of a marriage is a foreign law, the spouses may be required to present a foreign opinion regarding the law at their place of marriage. For example, in a Tel Aviv family court decision from 2016 (marriage dissolution case no. 32834-08-15), the court required a woman who had married her spouse in Ukraine and wished to dissolve it to submit a legal opinion on the matter based on the law in Ukraine. Naturally, these proceedings may be especially complex, and a family lawyer with experience in foreign law should be consulted in theses cases.

The Law that Applies in the Dissolution of a Marriage—Contact a Family Lawyer

In this article we have discussed the complex topic of deciding which law applies in procedures of marriage dissolution at family courts and the need that may arise to use the aid of foreign law in such cases. For any further questions on the subject you are welcome to contact our firm and we will be happy to be at your service. With branches in Jerusalem and Tel Aviv, we specialize in family and inheritance law and represent our clients in various procedures, such as marriage and divorce registration, family disputes, and mediation in family matters.