Divorce between a Jew and a Non-Jew in Israel

This article will address divorce between a Jew and a non-Jew in Israel. Israel is unique compared to many Western countries due to the fact that religious courts often have authority over issues of divorce.

Religious Autonomy and Religious Courts

There are a number of historically established religious communities in Israel. These include Jews, Muslims, Druze, and several Christian denominations, among others. Even before Israel became a state, laws in this region provided each religious community with autonomy, including its own religious courts which could address issues like marriage and divorce.

Whether or not people in Israel identify as religious, religious law dictates their ability to marry and divorce. The vast majority of citizens in the country are automatically assigned a personal religion based on their family background, although there are some who are defined as “without religion.” It is practically impossible for people from different religions to get married inside the country. Many couples get around this by travelling abroad to get married, at which point the state of Israel recognizes their marriage.

Divorce between a Jew and a Non-Jew in Israel

In the case of a mixed marriage where couples from different religions have married (generally outside of the country), they can seek a dissolution of their marriage. In the past, this could be a very lengthy process, but more recent amendments to the law allow them to apply in the family court. The family court will apply to a specific religious court if needed, and if no reply is given taking up the case, then the family court will be able to dissolve the marriage. In the event that a religious court takes the case, then the specific religious court can address the dissolution of the mixed marriage.

In 2006, a Supreme Court ruling indicated that rabbinical courts do not have any power to hear applications to dissolve a marriage when one of the parties is not Jewish. Ending mixed marriages is a civil process, and is within the jurisdiction of the family court.

Duration of the Divorce and Dissolution Process

It is difficult to answer questions regarding the amount of time a divorce process might take without knowing the specifics of a case; whether children and significant assets are involved, among other things. Generally, the divorce process can take a few months up to a few years depending on the case.

One way to ensure that the process is finished as quickly as possible is to come to an agreement between two partners regarding their affairs. In other words, if there is mutual consent between partners, Israeli civil law recognizes this as legitimate grounds for divorce, and they can submit a joint application to end their marriage.

Contact Us

If you seek more information or need help regarding a divorce between a Jew and a non-Jew in Israel, please contact us. Advocate Anat Levy specializes in family law, and she would be happy to assist you with your legal needs.