This article will discuss divorce for mixed marriages in Israel. The most frequent case of mixed marriages that we see in Israel is that of a Jew and a non-Jew; thus this article focuses specifically on this type of mixed marriage.
Religion and Religious Courts in Israel
Historically, various ethnic groups and denominations in the Holy Land had religious autonomy and were granted the ability to make rulings regarding members of their religion on issues of marriage. The state of Israel continued this tradition, allowing Jews, Muslims, Druze, and recognized Christian denominations to have jurisdiction over their religious communities.
In Israel, almost everyone is belongs to religion, generally the same practiced by their parents, whether or not they identify as religious. Very few people lack a personal religion, and when they do, they are categorized as “without religion.”
It is impossible for people to marry between religious communities within Israel. Many couples find a way around this by marrying outside of the country; the Israel will recognize their marriage based on appeal to the Ministry of Interior, affording rights and benefits to this couple.
Divorce for Mixed Marriages in Israel
If a couple in a mixed marriage in Israel seeks a divorce, they can often do so through a civil process in a family court. This involves bringing their case to the family court, then the family court will see if another religious or rabbinic court might have jurisdiction over and want to take the case, and if not, the family court will address the issue. Amendments in Israeli law have indicated that rabbinic courts do not have jurisdiction over mixed marriages when one party is not Jewish.
The duration of the divorce process varies on a case by case basis. In the event that the non-Jewish partner belongs to a religious faith that was not recognized during the British Mandate period, the process can often be much quicker. If the non-Jewish partner belongs to a recognized faith in Israel, this can take longer as official documentation will be required. In the event that neither partner belongs to a recognized religion, then further legal opinions do not need to be sought in the process.
Additional Articles of Interest
We have many articles related to family law and divorce on our website. These include divorce between Jews, divorce between Christians, divorce between Muslims, divorce with children, and more.
Contact Us
If you have questions about divorce for mixed marriages in Israel, please contact us. Advocate Anat Levi from our law office, specializes in family law and divorce, and she would be happy to help you with your legal needs.