Dissolution of Same-Sex Marriage in Israel
The process of dissolving a same-sex marriage in Israel is not fundamentally different from that of a heterosexual couple. The couple must address the issue of property division, as well as child custody and support. The main difference is that a same-sex couple will not go to the Rabbinical Court, as it does not recognize their marriage. Instead, they must apply to the Family Court for a divorce decree or a declaratory judgment.
Marriage and divorce in Israel are governed by religious law.
Same-sex couples cannot marry in Israel because the Rabbinate does not recognize their right to do so and because there is no civil marriage in Israel.
Such couples can marry abroad in a civil ceremony and, upon their return to Israel, register as a married couple 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:
As in any divorce proceeding, the couple has the option of reaching agreements on the legal issues at stake and signing a divorce agreement, or leaving the decision to the court.
Divorce by consent does require compromise, but it allows for a fair solution for both parties and allows for the legal process to be completed quickly and at minimal cost.
Litigating a divorce case takes time and money, and there is no guarantee that either party will be satisfied with the outcome.
In either case, it is important for each partner to be represented by a divorce lawyer who will accompany them throughout the process and protect their rights in the best possible way.