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Dissolution of Same-sex Marriage in Israel
The divorce proceedings for a same-sex couple’s marriage in Israel are rather very similar to the dissolution of a heterosexual marriage. The couple has to address all important issues like any other couple, including properties, child support, and custody. The only difference is that this marriage has to go to a Family court, as the Rabbinical court does not recognize it.
Same-Sex Marriage in Israel
Marriage and divorce in Israel are regulated by both civil and religious laws. Taking that into consideration, the Rabbinate does not recognize same-sex marriage, so the pair can’t marry in Israel. The civil marriage does not exist in Israel, so that’s also not an option.
However, same-sex couples are allowed to marry outside the country and return and register their marriage as such with the Ministry of Interior.
Dissolution of Marriage
The divorce process for same-sex couples takes place in the Family Court, through a divorce petition.
Alternatively, if the couple has a “certificate of coupledom” issued by the New Family organization and now wishes to separate, they can cancel the certificate by filing a petition for a declaratory judgment.
Aside from the difference in the court they apply to for the dissolution of their marriage, a divorcing same-sex couple must address the same issues as a divorcing heterosexual couple: division of property between the parties and, if there are children, child support, and custody.
Divorce by Consent
Just like in any other divorce proceeding, the couple can reach an agreement regarding legal issues and sign a divorce agreement, or they could leave the final decision to the court. Divorce by consent means that both sides are ready to make a compromise. It is beneficial to the couple to reach an agreement – it saves them both time and money.
Of course, each partner needs to be represented by a divorce lawyer who will walk them through the process and protect their rights in the best possible way.
