Dissolution of marriage: the route for couples with no religious forum
In Israel marriage and divorce are conducted in the religious courts. But some couples fall outside every religious jurisdiction: partners of different faiths, people registered with no religion, couples married in a civil ceremony abroad, and same-sex couples. For them a separate route exists in the family court.
"The procedure looks technical, so many people come to it unprepared. In practice it begins with a jurisdictional question that can take months, and only after that does the divorce itself come into view."
Adv. Ester Efrati · Head of the Family and Inheritance Department
What a dissolution application is
Dissolution of marriage is a civil procedure that ends a marriage where no religious court has jurisdiction to do so. It is governed by the Jurisdiction in Matters of Dissolution of Marriage (Special Cases and International Jurisdiction) Law, 1969, and is conducted in the family court.
Israel has no civil marriage or divorce in the usual sense. Jurisdiction rests with the religious courts, and each of them deals only with members of its own community. Where a couple falls into none of those categories, they are left without a forum. The 1969 law was enacted to fill precisely that gap.
What the procedure is not
It is not a religious divorce and does not involve a get. Nor does it deal with property or parental responsibility, which are handled in separate proceedings. Its product is a judgment ordering the dissolution of the marriage and a change in the population registry.
Who the procedure is for
Two groups reach this procedure: those whom the religious court will not deal with, and those who do not wish to go there.
- Partners of different faiths. Where the spouses belong to different religious communities, no single forum has jurisdiction over them.
- People not registered with a religion. Those with no religion and those registered as "no religion".
- Civil marriage abroad. Couples married in Cyprus, in Prague or through an online ceremony, whose registration in Israel does not confer jurisdiction on a religious court.
- Same-sex couples married in a country where the marriage is recognised.
- Jewish couples whose marriage is not recognised by the rabbinate for various reasons.
What they have in common is not only the lack of recognition but the practical result: without a proper procedure they remain registered as married, with everything that follows from that.
Jurisdiction and the referral to the religious courts
This is the stage that lengthens the procedure more than any other, and it is also the one most people are unaware of before they file.
Before the family court considers the application on its merits, it must satisfy itself that no religious court has jurisdiction. To that end it applies to the Chief Rabbinate, and where relevant also to the sharia court or to the courts of the Christian communities, asking for their position on whether the marriage is recognised by them.
Only where the answer is negative, that is where no religious court has jurisdiction, does jurisdiction pass to the family court, which may then order the dissolution of the marriage.
"...Those seeking dissolution of a marriage because they are not subject to the exclusive jurisdiction of a religious court have no 'address'. They have no direct access to the court. They are forced to initiate a further, independent proceeding to determine the appropriate forum in their case. This is an obstacle placed on the individual's 'power' to realise their substantive right to dissolve their marriage... The question of dissolution is a question of status, and the individual therefore has no choice but to turn to the legal system."
Registrar Okon · BH"N 6857/00 Rota v. Nazbatiev, PD 54(4) 707
The words were written years ago, but the description still holds: the preliminary stage is a real obstacle, so it is worth preparing for it rather than discovering it after the fact.
The connection to Israel requirement
The law does not open its doors to every couple in the world. It requires a connection to the State of Israel, and without one the court has no jurisdiction to hear the application.
The connection is examined in relation to at least one of the spouses, and it may be based on Israeli citizenship, on residence in Israel, or on further criteria the law sets out. This is examined at the outset, and it sometimes decides whether an application can be filed in Israel at all.
Why this matters in practice
Many couples married abroad assume that the place where they married is the place that will end the marriage. In many cases they have no practical access to that country, and then the connection to Israel is what determines whether any route exists. Checking this point early avoids an application that is dismissed at the threshold.
The stages of the procedure
The procedure is built of clear stages, and understanding them also explains why it takes time.
- Filing the application with the family court, together with the marriage certificate, an extract from the registry and identity documents.
- Clarifying jurisdiction. The court applies to the relevant religious courts for their position.
- Receiving the answers and determining that no religious court has jurisdiction.
- A hearing on the merits of the application, including the connection requirement and the ground.
- Judgment ordering the dissolution of the marriage.
- Updating the registry at the Ministry of the Interior in accordance with the judgment.
The length varies considerably. Where the parties agree and the documents are in order, it can conclude within a few months. Where there is no agreement, or where responses from the religious courts are delayed, it can take considerably longer.
By consent or by unilateral claim
How the application is made has a direct effect on how long it takes and how complex it becomes.
Where both agree
The law provides that the consent of the spouses always serves as a ground for divorce. Where both parties seek dissolution, no further ground need be shown. These are the relatively short proceedings, in which most of the time goes to clarifying jurisdiction rather than to the dispute.
Where there is no agreement
A party seeking dissolution without the other's consent files a unilateral claim. The other party must file a defence explaining the objection, and the court decides. Such proceedings take longer, and the property dispute is sometimes drawn into them.
In our experience, even where relations are poor, it is worth first exploring whether agreement can be reached on the dissolution itself, leaving the disputes to property and children. That separation shortens matters considerably.
Property, rights and consequences
Dissolution changes status but does not divide property. The two systems run in parallel, and it is best to manage them together rather than one after the other.
Spouses registered as married in Israel are subject to the Spouses (Property Relations) Law. Under it there is a presumption of community in assets accrued during the marriage, and resource balancing is carried out in equal shares, unless it is shown that a particular asset belonged to one spouse before the marriage or was received by inheritance or gift. For the process itself see dissolution of joint ownership and resource balancing.
What follows from the change of registration
- Mutual inheritance rights between the spouses lapse with the change of status.
- Rights and benefits with the National Insurance Institute and with funds and schemes change.
- Tax matters, including betterment and purchase tax in property transactions, are affected by the registered status.
- Status and immigration matters, where one spouse is not an Israeli citizen.
The couples who suffer most are those who remain in a prolonged interim state: separated in fact, married on the register. In that state duties and rights continue to apply that neither of them intends.
What to know in advance
These are the points that recur in enquiries on this subject.
- The procedure is not immediate. Clarifying jurisdiction takes time, even where there is full agreement.
- Documents from abroad need preparation. A foreign marriage certificate usually requires an apostille and a notarised translation. Preparing early saves another round.
- There is no get and no religious dimension. The procedure is entirely civil, and its result is registrational and legal.
- The registry is not updated automatically. After judgment you must apply to the Ministry of the Interior.
- If there are children, parental responsibility and support are dealt with separately and are not part of the dissolution.
In summary
Dissolution of marriage is the route for those left without a forum. It exists and it works, but it is built of two stages: first the question of who has jurisdiction, and only then the divorce itself.
What usually shortens the procedure is two things: an orderly file of documents, including apostille and translation where required, and separating agreement on the dissolution itself from the property disputes.
If you fall into one of the groups described here, contact us for an early check of jurisdiction and of the connection requirement. The check is short, and it determines whether and how you can proceed.
To speak with us: Jerusalem 02-5953322 · Tel Aviv 03-3030430 · WhatsApp 050-4411343
What people ask us about dissolution of marriage
What is an application for dissolution of marriage?
A civil procedure in the family court that ends a marriage where no religious court has jurisdiction over the spouses. It is governed by the Jurisdiction in Matters of Dissolution of Marriage (Special Cases and International Jurisdiction) Law, 1969.
Who is eligible to apply?
Mainly partners of different faiths, people not registered with a religion, couples married in a civil ceremony abroad, same-sex couples, and those whose marriage is not recognised by the religious court. A further condition is a connection to Israel on the part of at least one spouse.
How long does the procedure take?
It varies considerably. With agreement and orderly documents it can conclude within a few months. What lengthens it most is the stage of clarifying jurisdiction, in which the court applies to the religious courts for their position. Without agreement it takes longer.
Why does the court apply to the rabbinate if we are not Jewish, or not married under Jewish law?
It is a preliminary stage intended to confirm that no religious court has jurisdiction. The court applies to the relevant forums, and where necessary also to the sharia court or to the courts of the Christian communities. Only after a negative answer does jurisdiction pass to it.
We married in Cyprus. Can we divorce in Israel?
In many cases yes, through the dissolution route, provided there is a connection to Israel and no religious court has jurisdiction. This is precisely one of the groups the law was enacted for.
My spouse does not agree to divorce. What can be done?
A unilateral claim for dissolution can be filed. The other party must file a defence setting out the objection, and the court decides. Such proceedings are longer and more complex than proceedings by consent.
Is a get required?
No. The procedure is entirely civil and does not involve a get. If there is a possibility that the spouses are subject to religious law, that will emerge at the jurisdiction stage.
What happens to the property?
Dissolution changes status but does not divide property. Property is divided under the Spouses (Property Relations) Law, in proceedings that run in parallel or follow. It is advisable to manage both tracks together.
Which documents are needed?
A marriage certificate, an extract from the population registry and identity documents for both parties. A certificate issued abroad usually requires an apostille and a notarised translation, and it is worth preparing for that in advance.
Is the registry updated automatically?
No. After judgment you must apply to the Ministry of the Interior to update the registry. Until it is updated the spouses are still registered as married, with all that follows.
We have children. Is that part of the procedure?
No. Parental responsibility, parenting time and support are dealt with in separate proceedings in the family court. They can be run in parallel.
What happens if we simply separate and arrange nothing?
The incidents of marriage continue to apply: mutual inheritance rights, tax consequences and consequences with the National Insurance Institute. A prolonged separation without arrangement creates legal exposure for both sides, and sometimes greatly complicates later files.
All pages in the Family and Inheritance department
The separation itself
The divorce processLeaving home before divorceReconciliation or divorceRequest for dispute resolutionDissolution of marriageEconomic abuseRestraining orderThe children
Child supportChild support claimIncreasing or reducing supportSupport for a child born outside marriageCollecting support through National InsuranceSpreading a maintenance debtCustody and parenting timeShared parentingThe tender years presumptionChanging a custody arrangementRelocating abroad with the childrenParental alienationDealing with an alienating parentGuardian ad litemSurrogacyPaternity claimThe Youth (Care and Supervision) LawVisual parenting plan builderProperty and agreements
Prenuptial agreementSame sex prenuptial agreementSame-sex marriageNotarised prenuptial agreementDissolution of joint ownershipCareer assets and goodwillSelling the apartment on divorceCommon law partnersInheritance and estate planning
Wills and inheritanceInheritance between same-sex partnersEstate planningWills in estate planningIntergenerational transfer in estate planningTrustsDynasty trustSpecial needs trustProbate orderAgreements between heirsContesting a willNo-contest clause in a willLet us see whether the route is open to you
A short assessment call with a lawyer from the family law department, in which we will examine the jurisdiction question and the connection to Israel, go through the documents needed, and estimate the likely timetable.