Family and Inheritance Law

Family law in Israel is divided into several branches. The main subjects are: marriage and divorce, prenuptial and divorce agreements, spousal maintenance, child support, custody, parenting time, child adoption, drafting wills, change of name and determination of age, as well as claims under the Hague Convention (Return of Abducted Children) Law.

In Israel, marriage and divorce matters are decided under the personal (religious) law of the litigant, that is, Jews are heard in a Rabbinical Court, Muslims in a Sharia Court, and so on.

Unlike other branches of law, this branch is heard in two forums, depending on the subject matter: the Family Court and the religious court (in the case of Jews, the Rabbinical Court). Some matters are heard exclusively in the Family Court, others in the religious court, while for some there is concurrent jurisdiction, at the parties' choice.

For example, the divorce itself (the granting of a get) is handled exclusively by the Rabbinical Court. By contrast, a paternity claim, a claim for the return of an abducted minor or a claim to determine age is heard only in the Family Court. A protective order against domestic violence is within the jurisdiction of the religious court, the Family Court and the Magistrates' Court alike.

One of the central questions in dividing the spouses' property during divorce proceedings is the sale of the couple's residential apartment.

The Land Law regulates the financial relations between co-owners of real estate, whether it is land alone, land on which a building or house has been built, or a residential apartment in a condominium.

For example, the law provides that “every co-owner of jointly owned real estate is entitled at any time to demand the dissolution of the co-ownership”, meaning that every co-owner who owns a certain percentage of the property is entitled at any time to demand and receive their share, either by dividing the property itself (where possible) or by selling it and dividing the proceeds.

Among other things, the law provides that where the co-owners have signed an agreement restricting their right to demand dissolution of the co-ownership for a period exceeding 3 years, the court may order the dissolution once the 3 years have passed, that is, such a clause is valid for 3 years only.

Where the sale of the residential apartment of spouses in divorce proceedings is concerned, Section 40A of the Land Law sets out a special arrangement, under which the court will not order the sale to be carried out “and the sale shall be delayed, so long as the court is not satisfied that the spouses' minor children, together with the spouse who has custody of them, have been provided with another housing arrangement suited to their needs…”

In simple terms, Section 40A of the Law prevents a spouse from exercising their right as a co-owner of the apartment to demand “dissolution of the co-ownership at any time”. In this specific case, the law takes into account the interest of the couple's minor children, even though they are not co-owners of the apartment, as well as the interest of the financially “weaker” spouse, and provides that the sale will be delayed until suitable housing is found for the minors and the spouse.

No discussion of the couple's residential apartment would be complete without mentioning the term “specific dwelling”. Several matters in divorce proceedings fall under the concurrent jurisdiction of both the Family Court and the Rabbinical Court.

This means a “jurisdiction race” arises, under which the forum that “seizes” jurisdiction is the first one to which a claim within its jurisdiction is filed. With respect to the residential apartment, the Rabbinical Court, unlike the Family Court, has the authority to award the wife a “specific dwelling”.

As noted above, in the dissolution of co-ownership of a residential apartment, the court will not order the dissolution before alternative housing is found for the minors and the spouse, but such alternative housing may well be another, rented apartment.

In the Rabbinical Court, by contrast, if the wife was the first to file a claim for a specific dwelling, the court may award her a specific dwelling, meaning that the wife and her minor children may remain and live in the apartment until the youngest of the minors turns 18, thereby effectively preventing, temporarily, the dissolution of co-ownership of the apartment.

Naturally, the issue of a specific dwelling affects the husband's obligation to pay housing costs for his children, and where the Rabbinical Court has awarded a specific dwelling, the housing payment will be offset against the father's obligation to pay his children's support.

Another family law matter is the ketubah (Jewish marriage contract). The ketubah is heard exclusively in the Rabbinical Court, since it belongs to “matters of marriage and divorce”, which are decided under Jewish law (Halakha) in the Rabbinical Court only.

Many think the ketubah is nothing more than an “ancient religious document”, of purely religious importance for the wedding ceremony and nothing else, but the reality is entirely different.

The ketubah is in fact a promissory note, a cheque in every sense, payable on the date the get is given. The amount the husband wrote in the ketubah is the amount he will pay in the event of divorce.

It is true that in certain cases the wife's right to receive the ketubah is forfeited (for example, when the husband proves she was unfaithful to him, or when the Rabbinical Court declares her a “moredet” (rebellious wife)), but in every other case, when the spouses divorce, the wife is entitled to receive from the husband the amount written in the ketubah.

It is often argued that the husband wrote highly exaggerated amounts in the ketubah, as evidence that he never intended to pay it in the event of divorce. While this argument may undermine his obligation to pay the full ketubah amount, it is important to remember that the court has the authority to rule that the husband pay a different amount according to his means, for example his share in the joint residential apartment, and even to order him to pay the full amount he undertook in the ketubah.

Child custody is also a central issue in divorce proceedings. In this regard, the “tender years presumption” should be mentioned. This presumption holds that where the couple has “very young minors”, that is, children under the age of 6, the wife will be granted custody of them unless the husband proves her lack of parental capacity.

There are many other matters, both in marriage and divorce and in wills and inheritance, that are beyond the scope of this page.

Our office specializes in drafting prenuptial agreements between spouses, representation in court in divorce proceedings, representation in claims for dissolution of co-ownership, child custody matters, maintenance, drafting wills, objections to the probate of wills, proceedings under the Hague Convention Law (return of abducted children), and more.