More and more married couples are choosing to divorce, unfortunately • But what happens when the couple does not live in Israel? • The experts answer
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More and more married couples are breaking up the package, it is already known and unfortunately it has become a phenomenon. But what happens when you are with your family in foreign countries, whether for school or work, and decide it's time to say goodbye? Things are getting more complex, both in terms of emotion and democracy. How to do it right?
Where do you get divorced?
An agreed application can be filed for divorce in a rabbinical court in Israel if the parties are married in a canopy and wedding ceremony, fly to Israel and carry out the actual divorce. If both spouses are in a foreign country and have a rabbinical court, the divorce can also be arranged in the same court.
It must first be ascertained that the tribunal is recognized by the rabbinate in Israel for the purpose of a divorce. If there is no consent to divorce - a divorce claim can be filed in a rabbinical court in Israel and managed here. Both parties will be required to attend a hearing in Israel.
If you want to reach an agreement, you have to come to Israel?
Yes. For approval of a divorce agreement, the parties must fly to Israel and attend a brief hearing at the Israeli Family Court. This can be done even if they live abroad.
If there is a dispute regarding alimony or custody, can you contact the Israeli court?
Not as long as you live abroad. As long as those eligible for alimony (wife and children) live abroad, a claim must be filed through a local attorney for the residence area. Once a judgment is given abroad, it can be sought to enforce it in Israel for the purpose of collecting alimony charges in Israel, including through execution proceedings. The court will discuss it even if the father lives abroad. In such a case, the judgment may be sought to be enforced in both Israel and the foreign country where the father resides.
What happens in the situation where the canned spouse returned with the children alone to Israel and the other spouse stays abroad and almost never meets the children?
This may result in higher alimony payments, as the burden of raising and caring for the children falls overwhelmingly on the custodial parent. In contrast, if the return of children to Israel was forced upon the father who remained abroad, the court may "pity" him and not charge him with high-value foods.
If there is a dispute over property, which court to turn to?
Depending on which assets are involved. If it is real estate or other assets in Israel - it is better to apply to the Israeli court. If it is a property in the foreign country, it may be better to apply to the court there. In any case, it is best to consult with lawyers in Israel and the foreign country first, as this depends on the case. In some situations, it may be preferable to go to the Israeli court or the foreign country, as the same jurisdiction is favorable to the plaintiff.
How do you decide where the child will stay?
The question in this regard is not whether the child was born in Israel but what was the center of his life in the years preceding the separation. If the center of his life were abroad, it would probably cease to be his usual place of residence in the country of residence abroad and could not be returned to Israel without the appropriate judicial order of the court in that country.
Can the spouse be required to return to Israel with the child?
The other spouse cannot be required to return to Israel. It is possible to request a return to Israel with the children and the court in the foreign country will decide whether to allow it. Even if the child grew up in Israel for most of his years and was in the foreign country for a short period, the court in the foreign country would tend to issue the order.
What happens when one spouse kidnapped the children to Israel without the other spouse's consent?
A kidnapping claim must be filed in Israel under the Hague Convention for the Family Court and require the return of the kidnapped child to the joint State of residence. Of interest.
The authors are lawyers in family law and complex family disputes