Divorce–Religious

The main principles governing the time and cost of a Jewish religious 'Get' for new immigrants are the same as those applying to any Jewish couple - i.e. by and large this will be a function of the degree of co-operation between the parties,and the simplicity or complexity of issues ancilliary to divorce e.g. children and property,and negotiation on these. If both parties want to divorce, the 'Get' itself, can be arranged quickly,subject to diary constrictions of the rabbinical court,usually within up to a few weeks or months,and shorter in urgent cases.

If there are mutual children and property, it is advisable to draw up a written divorce agreement,and even have it authorised at the family court, first, and the part relating to the divorce itself,at the rabbinical court, later. Where the rabbinical court sees that the parties have separated, and have already authorised an agreement between them at the family court ,this may well speed up the setting of dates for hearing where a divorce judgment will be given based on mutual consent, and the  "Get" process. Authorisation of an agreement at the family court depends upon diary availability,but can normally be arranged within a short time of up to a few weeks,and,again, even more quickly,in urgent cases.

Regarding costs, the court filing fees are the same regardless of whether the couple are new immigrants or not. If legal fees are hourly based, the greater the co-operation, the cheaper the cost.

At the rabbinical court which has exclusive extra-territorial jurisdiction over divorce between Jews,under Israeli law,even if they married abroad,in a civil ceremony,as you did. You will need a special kind of 'get' or religious divorce,to erase any doubt.If you both agree,a joint application can be made,which makes the process easier and quicker,as mutual consent is sufficient grounds for divorce,under Jewish law. If you do not both agree to divorce,then whoever wishes to do so will have to prove grounds,under Jewish law.

Only through the rabbinate (Orthodox, official Jewish religious court).

Only at the rabbinate (Orthodox, official Jewish religious court).

Only through the rabbinate (Orthodox, official Jewish religious court).

The official rabbinical court of the State of Israel (the 'Rabbinate') is the only one authorized to end their marriage, according to Israeli law.

If there is mutual consent, they can arrange a 'get' abroad, where they live, if there is a Beth Din L'Getim(rabbinical court dealing with divorce ) officially recognized in Israel. Such a foreign court will have no jurisdiction to manage a divorce case – and can only operate where there is mutual consent to end the marriage. If, however, there is no mutual consent, then they will have to open a divorce file here in Israel.

If there is mutual consent, a 'get' (Jewish religious divorce) can be arranged via an authorized Beth Din (Jewish religious court) in England. A special power of attorney can be prepared in Israel enabling the husband to be represented by a 'messenger' in England to represent him at the 'get' ceremony on his behalf, so that he need not actually have to attend in person to deliver it to his wife.

Yes, it could be interpreted as an 'ugly act' under Jewish law, and as such it could jeopardize her rights according to her Ketuba ( Jewish marriage contract/bond), and her rights to maintenance during the remainder of her marriage. Furthermore, it would strengthen the suspicion that she committed adultery, though it does not, in itself, constitute sufficient proof to constitute grounds for the rabbinical court to oblige her to divorce.

Yes, the rabbinical court has jurisdiction to grant a divorce even without a comprehensive written 'divorce' agreement in the widest sense of the word.

Yes, if you can prove it, as he would be breaking his marital duties under Jewish law towards you as his wife if he acted as you allege.

Yes, physical violence is a ground for divorce under Jewish law, and if proved, the rabbinical court will oblige the husband to grant his wife a 'get'.

There is a clear prohibition for 90 days under Jewish law so that there is no confusion about whose sperm impregnates her – her first husband or his successor.

It is recommended that they get a properly drafted 'divorce agreement' in its wider sense, that deals with property and the children (custody, maintenance and visitation), and get those aspects of it authorized at the family court, to give them binding legal value. Afterwards, they should present the same agreement to the rabbinical court, and request that they authorize the section dealing with divorce, give a divorce judgment, and arrange a date for the actual 'get' ceremony.

Open a file for divorce at the rabbinical court, and prove grounds under Jewish law. Proof of some grounds for divorce (e.g. adultery) is sufficient for the rabbinical court to order the offending party to end the marriage . Where clear proof of knock-out grounds, which oblige the couple to end their marriage, do not exist, the court will have discretion to give a divorce judgment.

She can approach the Legal Aid bureau and request that the State appoint and finance a lawyer to represent her in divorce proceedings at the rabbinate. The first recommended step would be to file the husband for maintenance or supplementary maintenance (where she works, without earning enough to manage),which would put financial pressure on the husband.

Application can be made at the rabbinical court for a range of restrictive orders against the uncooperative party. These include orders to stop him/her leaving Israel, banning him/her from holding or renewing an Israeli passport or driving licence, using cheques and a bank account, and even imprisonment.