Lawyers
"A request for marriage dissolution"
Generally speaking, there are three central stations in an individual’s life: his birth, his wedding to start a family, and finally, his death. This is the “circle of life” that we all recognize.
Throughout his life cycle, a person is accompanied by family members, members of the community to which he belongs, and the state through its laws and executive authorities.
In accordance with the law, every birth, marriage, and death event is documented by the population authority under the Ministry of the Interior.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
I which cases is it necessary to apply for a marriage disolution?
Unlike entering the world and leaving it, events that are mostly independent of and within a person’s control, the wedding is considered a central norm by all population groups worldwide.
In every human community, a wedding involves an engagement (contract/agreement) between two people, and this engagement is associated with different legal consequences (accumulation and distribution of wealth, inheritance rights, etc.).
The State of Israel relies almost exclusively on the religious system for marriage registration, with each person registering based on their religious affiliation. The reasons for this are based on the legal and political history of the State of Israel, which dates back to Ottoman rule and British Mandate rule (the King’s speech in the Council on Israel, 1922-1947). After the establishment of the State of Israel, this provision, which allowed the ‘local natives’ to manage their internal affairs according to the laws of their religion, was maintained for political reasons, and for this reason, marriages and divorces are conducted within the borders of the state for each religious group, according to the courts that belong to it, so for example, the Chief Rabbinate for Jews is responsible for handling this matter, the Sharia courts for Muslims are responsible for handling the case, the ecclesiastical or Druze courts for Christians or Druze, respectively, and everything is subject to the couple’s religious affiliation.
Nevertheless, what happens when spouses who belong to different religions get married (abroad) and then seek a divorce?
Is it possible to obtain a divorce after the religious apparatus refuses to recognize the marriage of a couple that took place abroad (for fundamental objective reasons related to its principles of faith)? As an example, what happens when the same-sex or transsexual couple asks for a divorce after the marriage has taken place abroad?
In the past, these couples were not recognized at all by the Ministry of the Interior as married couples, and only the ruling of the Supreme Court resulted in the partial recognition of their status concerning budgets and benefits. The High Court of Justice ruling 721/94 El Al Natibi Uir Le Israel v. El Al Natibi Uir Le Israel ruled definitively that same-sex couples were entitled to benefits. Over the years, Yonatan Danilovitz and the National Labor Court were forced to register their marriages (which were conducted as stated abroad). Several rulings have determined that the registration of a marriage does not indicate a substantial recognition of the couple – and that the registration is purely a matter of registering them for archival purposes (similar to conversions which are not orthodox).
As a result, an additional channel was established in order to recognize the status of heterosexual or non-religious married couples. According to the Supreme Court (Begetz 3045/05 Yossi Ben-Ari v. Director of the Population Administration), couples who marry outside the country’s borders will have the same status as couples married within the country’s borders.
It is understandable that some people do not want a Rabbi, Kadi, or Priest.
In some cases, the rabbi / kadi / priest does not wish to accept certain people.
(Members of different religions, members of the same sex, etc.)
In what circumstances we should apply for Marriage Dissolution?
What happens if these couples decide to divorce? Who has the authority to approve their divorce and to order its registration?
For this reason, the State of Israel instituted the “Request for Marriage Permit” procedure. Since no religious authority has the authority to conduct divorce proceedings and order the parties’ divorce and registration in the registry, we must turn to the marriage permit procedure.
How do you actually get a marriage license?
Marriage license all the steps in the process:
Procedures for applying for marriage dissolution is obtained by filing a lawsuit with or without consent (see below). It will be noted in the lawsuit that the couple are not members of the same religion, or are not recognized as a married couple by the relevant religious institutions (such as the Chief Rabbinate of Israel, the Sharia Court, or the Ecclesiastical Court). Additionally, some couples verify through a lawyer that a number of documents, including proof of the marriage registration and its source, are in order.
In accordance with Section 3(a) of the Law of Jurisdiction in Matters of Permitting Marriage (Special Cases and International Authority), 5779 1969, the Court will contact the Chief Rabbinate of Israel to determine whether the marriage of these couples is recognized as a religious marriage according to one of the relevant denominations. Only in the event that the Chief Rabbinate responds negatively will the authority be fully transferred to the Family Court, which is then able to permit the marriage.
Those who are not subject to the exclusive jurisdiction of a house and wish to terminate their marriage. –They have no “address”. There is no direct access for them–the court Consequently, they are forced to initiate a separate, independent procedure in order to determine what is the appropriate judgment in their situation. It is an impediment placed on the individual’s ability to exercise his fundamental right to dissolve his marriage. The obstacle that stands in the way of the individual’s power is a burdensome one. Whether a marriage can be dissolved is a question of status, and on that basis–It is true that the individual has no choice but to resort to the legal system in this situation. Arbitration or agreement are not available to him. There is a state of absolute monopoly in the judicial system.
In order for the Family Court to handle a marriage dissolution, at least one of the parties must demonstrate that they have a “kinship” – a connection – with the State of Israel in one of the ways set forth in the law (residence in Israel, citizenship in Israel, etc.). It will not be possible for the court to discuss the couple’s case and annul their marriage in the absence of such a relationship.
The importance of regulating and dissolving property sharing arrangements
There are two ways in which a marriage annulment may be granted:
As long as the spouses are in agreement regarding their desire for a divorce, the law specifies (Section 5(c)) that “the consent of the spouses shall never be used as a ground for divorce”. It does not take long for most of these procedures to be completed.
When one spouse wishes to divorce but the other does not, the former must file a unilateral lawsuit, while the latter must file a defense explaining why he opposes it.
What are the reasons for declaring a “divorce” for such spouses? As we explained earlier, there are a variety of legal consequences associated with the cancellation of a marital registration, including various rights and benefits, but most importantly: every couple recognized as married within the borders of the State of Israel is subject to the Spouse Relations Law (5733 1973), which states, among other things, that “(section 5(a))”.Each spouse is entitled to half the value of all the assets of the other spouse.(Excluding assets owned by each party prior to the marriage).
The dissolution of property shared between spouses as part of the divorce
In accordance with the Financial Relations Law, each party has the right to receive 50% of assets shared by both spouses, unless it can be proven that one party owned the asset prior to the marriage.
Due to the fact that both parties wish to protect their assets to the maximum extent possible, divorce proceedings in disagreement or without a financial agreement tend to take longer than necessary, with lengthy discussions and arguments relating to the status of assets in court. In this regard, it is highly recommended that you consult with an attorney who specializes in family law before submitting an application for divorce, in order to ensure that the process will be handled professionally and orderly, and the application will be submitted correctly, while understanding that the marriage license procedure is essentially the same as a divorce, with all the attendant emotional aspects.
In Conclusion
In view of the importance of a divorce procedure, it is recommended that couples hire a divorce lawyer who has experience in the field of divorce and the family. This is to receive support during the planning stage of the divorce process as well as to manage any legal battles over alimony and property division that may arise.
At Adv. Mor & Co., our family law department has a great deal of experience handling divorce cases. In family law cases, we adhere to legal professionalism while maintaining sensitivity and personal support to achieve the best possible outcome for our clients.
