Family
Religious courts with exclusive jurisdiction over marriage and divorce
Marriage and divorce are governed by the religious law of the parties' community and administered by religious courts — rabbinical, sharia, Druze and Christian ecclesiastical. There is no civil marriage in Israel, though marriages validly contracted abroad are registered.
Key rules
- Jurisdiction — The State of Israel. Jurisdiction is divided between religious courts and civil Family Courts.
- Deadline — Protection orders under the 1991 law may be granted ex parte and must be reviewed within seven days
Governing law
- Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 5713-1953
- Family Courts Law 5755-1995 — civil family courts for ancillary matters
- Spouses (Property Relations) Law 5733-1973
- Prevention of Family Violence Law 5751-1991
In practice
This is the defining feature of Israeli family law and a genuine dual system. The rabbinical courts have exclusive jurisdiction over the marriage and divorce of Jews, applying halakha, which means a Jewish divorce requires the husband to grant a get; refusal creates the agunah problem, partially addressed by sanctions legislation. Sharia courts have equivalent jurisdiction for Muslims, and Druze and recognised Christian courts for their communities. Because there is no civil marriage, couples who cannot marry religiously — including interfaith couples and same-sex couples — commonly marry abroad, and the Interior Ministry registers such marriages. Ancillary matters such as property, maintenance and custody may be heard in either the religious court or the civil Family Court, which produces a well-known race to file.