How to divorce in Israel?
of the Spouse, issued divorce in civil court, but not undergone the Jewish procedure of divorce, from the point of view of the Jewish law remain spouses. It means that entering new marriage without registration of a get, they make adultery.
The new marriage of the woman who did not receive gt from the ex-husband, is fraught with very serious consequences. As divorce, as a matter of fact, was not, the second husband enters intimate relations with the woman who is still married to another. The child who was born as a result of such communication - a mamzer. Mamzenut (stay in the provision of a mamzer) is one of the most tragic situations. Though on them there is no own fault, mamzer cannot marry the Jew and to become the member of a community.
If the husband refuses to give to the wife gt, she becomes an aguna and cannot enter new marriage. It is impossible neither force the husband to give gt, nor to cancel marriage. Get is given by the husband only voluntarily. There can be also a reverse situation. The wife can refuse to accept gt. And in this case to make nothing. Get has the power only when it is voluntarily transferred and voluntarily received.
Procedure of divorce in Israel belongs to the sphere of a family law, it is directly connected with religion. According to norms of a family law to define divorce procedure, it is necessary to know what religion of spouses, either both of them, or one of them, atheists. The answer to the matter is given by the special document under the name “ Tamtsit rishum “ a literal translation into Russian - an extract from record of a personal record which is stored in the Ministry of Internal Affairs of Israel (Ministry of Internal Affairs) and which each citizen can receive right there on the place on himself free of charge.
The matter is that everyone been born in Israel or arrived as the repatriate, transfers data on a nationality and religion to the Ministry of Internal Affairs of Israel, filling in the special documents confirming Jewry. It becomes or at the time of obtaining the identity card or when parents make out the birth certificate of the child. Naturally, it is impossible so just to register the Jew, the Jew can be written down in the section religion only as the Jew, and any other religion or a crossed out section are impossible. Concerning other religions and nationalities there are no problems, that is the Russian freely on arrival to Israel can register the Belarusian or on the contrary. For Israel it does not play a role.
The law defined that divorce and marriage between Jews is possible only in ravvinatsky court and therefore its registration in other country in civil court is fraught with a problem of non-recognition of divorce or marriage in the Ministry of Internal Affairs.
And how to be with the mixed couples where, for example, the spouse the Jew, and the spouse Russian, or both are not Jews? For this purpose at the end of 60 - x years of the last century the law which provided that to divorce, these couples should address to the chairman of the Supreme Court of Israel with a special request that it defined what court was adopted (on family affairs or a religious community of one of spouses and in what city) can part the parties.
The request moves with the obligatory indication of religion and a nationality of the parties, with the appendix of the original “ tamtsit rishum “ from the Ministry of Internal Affairs from both parties, the request can move both or one spouse. If in the section “ religion “ there is a crossed out section, that is the religion is not defined, it is necessary to provide in the Supreme Court the statement of the person confirming that this person - the atheist also does not belong to any religious community. If one of spouses treats one of above-mentioned communities, that is the Jew, either the Muslim, or the Orthodox Christian, then the court directs documents for the conclusion of this religious court and asks his opinion on the place of divorce.
Most often divorce happens in court on family affairs. There procedure is formal and fast if there is a consent of spouses. But if there is no consent, or one of them not in Israel at all, then divorce can be long, and the court on family affairs will demand the conclusion of the lawyer on a family law who will have to answer the main issue - whether there are no contradictions or restrictions from the point of view of the right of the country of a marriage as marriages of the mixed couples in Israel are forbidden. The court by results of hearings passes the decision on divorce and gives the written decision obligatory for execution of the Ministry of Internal Affairs. The court also has the right to approve the contract on settlement of receivership proceeding between spouses, for example, about the partition of the apartment or other property, the alimony, education of children.
Happy to you marriage and happiness in family life.
Dmitry Baksansky “ Divorce in Israel “