Relationships between family members are perhaps the most difficult issues in jurisprudence. Not only do they affect the relationships of closely interconnected people, including children, they also have particular characteristics in Israel. Most issues of family law are regulated not only by the civil court but also by the religious one. Therefore, to understand the specifics of all these issues without the involvement of an experienced family lawyer is problematic.
As you know, there is no way to register a secular marriage in Israel. At the same time, Israeli law recognizes a family union registered in any country of the world in which there is a procedure for registering a secular marriage. Therefore, non-religious Israelis often travel outside the country for marriage.
The most convenient and cost-effective direction for the Israelis is Cyprus:
Other countries popular among Israelis are the Czech Republic, Spain, the countries of the former USSR, the USA, etc. However, these destinations demand a much larger set of documents, have a two-three-months waiting period, and preparatory trips are sometimes required.
Such a document is the real insurance for the future, not only for you but also for your children. The practice of drawing up a marriage contract in Israel is widely spread and highly popular among the newly married couples.
In the preparation of the marriage contract, the following points may be taken into account:
Moreover, the couples who did not manage to regulate their relationship with the help of the contract before their legal marriage can do this after the wedding. To do this, they should apply with the appropriate petition to the family court. Naturally, the family lawyer can consider the interests of each party and correctly draw up the marriage contract.
The divorce procedure in Israel is considered one of the most legally complex. The fact is that both religious and civil courts can deal with divorce proceedings in the country.
Who has the right to file a divorce in the rabbinical court?
Such processes are intended for the couples in which both spouses are Jews.
Who has the right to dissolve a marriage in the family court?
It should be noted that the divorce process is quite expensive. Therefore, family lawyers advise the couples to reach an amicable agreement and not to start a long divorce process. For example, the services of a lawyer during a divorce process, when the spouses have agreed with each other, cost about 4-5 thousand shekels. But if long judicial proceedings begin, the cost of legal services can be 15-20-30 or more thousand shekels.
Israeli family law applies to all marital property acquired during the marriage a Hezkat Ha-Shituf or presumption of community. It means that any possessions, real estate or money acquired or accumulated after the wedding are considered joint. At the same time, the income of the spouses and their financial status before marriage do not affect this rule in general terms. It also does not matter whose name is registered for the property. According to general assumptions, it should be divided equally.
But it is only the basic principle. In practice, everything can be much more complicated. A family member often earns much more, gets a flat or car as a gift from his parents, etc. Naturally, the division of the property equally after the dissolution of the marriage is not desirable. Moreover, before the wedding, a significant capital could already be accumulated, which one of the spouses would like to save.
In such cases, the assistance of a qualified family lawyer is critical. He can prove in court that certain property or funds are exclusively the property of the husband or wife and are not subject to division.
During the divorce proceedings, one should first take care of the children. In Israel, according to the law, one of the parents is obliged to pay alimony for the maintenance of a minor until he reaches18 and even longer (if the child is called up for military service upon he reaches adulthood and he cannot support himself until the end of his army service, the third part of the defined alimony shall be paid).
Additionally, the parents do not have to be legally married to file a claim for the payment of alimony. A DNA test for paternity is a closing argument in court.
The size of mezonot is variable in Israel. In each case, the court appoints a different amount of payments. It depends on:
The amount of alimony also depends on the needs of the child. They may be:
Basic needs must be met without fail. Unnecessary – depending on the income of the defendant.
It is necessary to seek help from a lawyer to get the maximum amount of alimony and ensure the future of the child, as well as secure the payment in court in difficult cases.
We all love our children and want them to stay with us even in case of a divorce. But it is not always possible. The parents cannot often reach a voluntary agreement which of them shall have custody of the child following the divorce. In this case, a lawsuit is filed in the family court with a request to determine guardianship. Then the state assigns a special social worker to the family, who will assess the circumstances and issue an expert decision on preferred custody (Mishmoret). According to the results of all these checks, the court renders the final decision on guardianship.
If you did not get the right to Mishmoret, it is important to immediately enlist the support of an experienced family lawyer and get the opportunity to regularly see your child.
It is very important to care for the loved ones in case of your death. For this purpose, one should draw up the will. According to Israeli law, it is a document of goodwill, and any adult can write it.
The will must be drawn up using the services of a family lawyer to make it as literate and legally correct as possible. For example, if you have direct heirs but you do not leave them anything, you should mention it when you make a will. Otherwise, there is a possibility that it will be disputed after your death. There are a lot of such subtleties. It is better to immediately contact a specialist for help to avoid them and not to distribute your inheritance to just anybody.
Thus, family law is a very complicated process, in which religion is often intertwined with civil jurisprudence. It is not realistic to understand them without competent assistance. Therefore, do not risk your children or inheritance, contact the best Israeli family lawyers of the Patkin & Partners Law Office and you will receive qualified legal assistance, and can defend your interests in court or pre-trial order.
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