Family Law
Family law in Israel is a complex and highly specialized system. Matters of a familial nature are governed here by both civil and religious courts. To marry or divorce, to formalize inheritance rights, one must have a deep understanding of this specificity. However, understanding alone is not sufficient. At times, it’s impossible to navigate without the assistance of a knowledgeable and experienced lawyer. Hence, in Israel, a family lawyer, much like a family doctor, is practically indispensable for every responsible citizen.
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IN WHICH CASES MAY YOU NEED A LAWYER?
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Prenuptial Agreement
A prenuptial agreement is certainly not a guarantee of marital happiness. However, in the event of a divorce, which no one is immune to, it is the prenuptial agreement that can significantly alleviate the lives of both spouses and their children. Therefore, entering into a prenuptial agreement is a mature and responsible step that can help prevent many problems. A prenuptial contract can be made before or after marriage registration, as well as in the absence of an official marriage for any civil union, including same-sex couples. It is never too late to conclude a prenuptial agreement.
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Divorce in Israel
If you’re contemplating divorce, refrain from seeking advice from parents, relatives, and friends. Instead, consult with your lawyer, as they will determine what you’ll retain from the divorce process and how swiftly it will proceed. In Israel, divorces are overseen by both the religious court and the civil family court. There’s a common belief that the rabbinical court often favors the man, while the family court leans towards the woman. However, this is a stereotype, and each case has its unique circumstances. Nevertheless, it’s crucial to understand that once the divorce process begins in either the rabbinical or family court, it cannot be transferred to the other. Therefore, the initiating party holds significance. Hence, reach out to your lawyer promptly.
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DNA. Establishing paternity through genetic testing
Genetic testing in Israel serves several purposes: establishing paternity, determining or revoking alimony, receiving inheritance, and asserting the right to repatriation. A DNA test for paternity is only conducted upon a ruling by the family court. Results from genetic laboratories abroad are not recognized by Israeli courts. It’s impossible to undergo a DNA test for paternity without legal representation. The process is tightly regulated, and the court will not order a genetic examination without the presence of a lawyer specialized in family law.
Frequently Asked Questions
What rights and obligations do repatriates have in the event of a divorce in Israel?
Repatriates, like other citizens of Israel, are bound by the existing family legislation of the country. Their rights and obligations in the event of a divorce are governed by Israeli law. However, there is one notable difference for new repatriates: if within the initial three years following repatriation, the couple opts for an official divorce, the citizenship status acquired by the non-Jewish spouse may be jeopardized. Such a marriage might be perceived as entered into or sustained solely for the purpose of obtaining citizenship.
What are the rights of heirs in Israel and how to formalize inheritance?
Executing a will in Israel necessitates adherence to legal regulations. The will must be drafted by an Israeli lawyer and deposited with the Registrar. In the absence of a will, inherited property is primarily divided among the deceased’s spouse and children. The spouse inherits the entirety only if the deceased has no children, siblings, or parents.
Do civil partners have the right to inheritance?
If the deceased civil partner did not leave a will, their surviving civil partner may file a lawsuit to be recognized as a spouse with inheritance rights, provided there is evidence of cohabitation.
Why enter into a prenuptial agreement?
A prenuptial agreement enables spouses to prearrange financial and property matters, as well as custody issues regarding current and even future children, in the event of a divorce. This can be beneficial for safeguarding the rights and interests of each spouse in the future.
How to draft a prenuptial agreement in Israel?
The proper procedure for entering into a prenuptial agreement is to consult with a lawyer specializing in family law. The agreement is drafted with the involvement of a lawyer and becomes legally binding only upon a court decision, unlike a standard contract, which takes effect once signed by the parties.
How to obtain citizenship for a child born to Israeli citizens abroad?
By law, registration must be completed at the Israeli Ministry of Interior or at the consulate abroad within 30 days from the date of the child’s birth. The website of the Israeli consulate in the country of residence provides the necessary information regarding the required documents for timely registration of the child as an Israeli citizen. If the child was born to an Israeli father and a foreign mother out of wedlock or if registration occurs later than one year from the date of birth, a DNA test may be required by the decision of the family court in Israel to obtain Israeli citizenship.
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About us
The office provides legal services in the field of immigration, family, commercial and labor law, conducts real estate transactions, develops individual solutions for businesses and individuals, and provides legal support to Israeli and international companies. Our lawyers regularly participate in the work of specialized commissions at the Chamber of Lawyers of Israel and the Knesset, create judicial precedents, improve regulatory mechanisms in various areas of law, provide advisory assistance to official representative offices of foreign states and significant public organizations located in Israel and abroad.