Divorce Agreement

Marriages and divorces in Israel are conducted according to the personal-religious law of the couple. In other words, Israeli Jewish spouses will marry and divorce according to Jewish law. A Muslim couple – citizens of the State of Israel – will marry and divorce according to Islamic law. As for the Jews, the application of personal-religious law in personal matters is set forth in the Jurisdiction of the Rabbinic Courts (Marriage and Divorce) Law, 5713-1953. This law stipulates that marriage and divorce shall be governed by the law of the Torah.

As for the other members of the faiths in Israel, the King’s Order to the Council for the Land of Israel, enacted by the Mandatory legislature, states that the members of the religions in the Land of Israel shall retain the authority to deal with the issue of personal status. The provisions of the King’s Order to the Council have not been revoked even today, and hence the authority of the Muslim, Christian and Druze courts to deal with the matter of marriage and divorce. The Rabbinic Courts Jurisdiction Law, mentioned above, replaced the directives of the King to the Council with regard to the Jews.

Furthermore, spouses wanting to divorce will file a divorce claim with the Rabbinic Court. Like a regular civil claim, anyone wanting to divorce must prove that he/she has a cause of divorce. The grounds for divorce are defined in the Jewish law. Among the grounds for divorce, for example, are the grounds for adultery (i.e., a married woman who has sex with a man), the cause of an act of ugliness, the cause of a rebellious wife, a cause of defamation or a physical defect that was unknown before marriage etc.

The law stipulates that the Rabbinic Court holds hearings on divorce claims in a panel of three Dayanim. Above the regional courts – which constitute the first instance – there is the Great Rabbinic Court. When a divorce claim is filed, the plaintiff must pay the fee, file a statement of claim for all intents and purposes, and more. In addition, after the filing of the divorce claim, a hearing will be held in the Rabbinic Court, in which the parties will be able to prove their arguments. If the grounds for divorce are proven, then the court will order a Get.

Parallel to the regional courts, the main court in the field of family law in Israel is the Family Court. The latter has the authority to deal with any family matter, including inheritance and wills, adoption, financial disputes between family members, distribution of property between spouses, custody of children and more. However, the Family Court has no authority to deal with one subject – matters of divorce and marriage. By the way, the Rabbinic Court has the authority to deal with matters derived from divorce cases, such as a claim for child support, a claim for a woman’s alimony, a ketubah suit, and more.

Claim for child support

A major and important issue that couples should arrange in the divorce process is child support. The rule is that the father must bare his children’s needs absolutely. Child support alimony are a monthly payment designed to ensure the proper economic existence of the children of the father. As far as child support alimony is concerned, it is important to separate and distinguish between obligatory payments and charity payments. The rule is that a father owes his children obligatory child’s support completely and without dependence on his income, up to the age of 6. After that, until the age of 15, the father is obligated to pay compulsory child support expenses. However, beyond the basic expenses, the father to a 15-year-old has to pay child support according to charity. That is, according to his ability. After the age of 15, the father pays only according to charity laws.

As stated, a claim for child support can be submitted to the Rabbinic Court, if it is bound with a divorce claim. However, the Family court also has the authority to deal with the claim for child support alimony, since it is not a claim for divorce or marriage. Also, at the time of separation, a claim can be filed for temporary alimony, i.e., a temporary ruling until a final decision regarding their height.

Claims for child custody and for visitation rights

Another important issue that a couple should arrange in the framework of a divorce process is the issue of child custody and visitation rights. If the couple lives together, they both serve as custodial parents. At the time of divorce, the couple must decide which of them will serve as the parent with exclusive custody, i.e., the parent responsible for the regular and ongoing care of the children, and at the same time, which parent will have visitation rights. Visitation arrangements are regular days during the week when the non-custodial parent gets to spend time with his/her children and takes the responsibility to take care of his/her children on an ongoing basis. Another possibility available to parents who are in the process of divorce, in all matters relating to the arrangement of custody, is to have joint custody. Joint custody – as implied by its name – is custody in which both parents have the responsibility to raise their children. Not exclusive custody of one parent, but joint custody of both parents.

Child custody matters are dealt with at the Family Court. However, there are two situations in which the Rabbinic Court can also deal with custodial matters. The first and simplest situation is when there is agreement between the parents to conduct the procedure in the Rabbinic Court. The second and more complex situation is the case in which a person filing a divorce application binds the child custody claim with the divorce one. Please note: the rule is that the court will place custody in accordance with one “supreme principle”, which is the best interest of the child.

Matters of division of property between spouses

During married life, the couple usually accumulate joint property, whether it is a residential apartment (or more than one) or mobile property such as cars, jewelry, shares, savings and more. At the time of divorce, the question arises as to which property will be divided between the spouses, if at all. In the matter of the division of property between spouses, the Financial Relations between Spouses Law, 5733-1973 (hereinafter: “the Law of Financial Relations”) stipulates that at the time of separation or the expiration of a marriage an agreement named the balance of resources arrangement shall be arranged between the couple, meaning that the spouses will equally share the property. However, the Financial Relations Law also says that all property will be considered as “balanceable”, with the exception of the following types of property: disability pension, widow’s allowance, old-age pension and property received as a gift by one of the spouses and property belonging to one of the spouses prior to marriage.

Moreover, the legal default is, as stated, the equal distribution of property, but it is important to emphasize that there are two exceptions to the equal distribution. The first exception is defined in Section 8 (2) of the Financial Relations Law. This section provides that the court may deviate from the balance of resources arrangement, taking into account the couple’s earning ability and the assets in their possession. The second exception relates to the situation in which the couple made a financial agreement. A financial agreement is an agreement made by a couple, the purpose of which is to determine an arrangement for the distribution of property that will reflect the will of the couple and for their welfare. If there is a financial agreement approved by a court of law (as required by the Financial Relations Law), it will prevail over the balance of resources arrangement established in the Financial Relations Law.