Rabbinical Courts

A High Court judgment held that the Rabbinical Courts are not authorized to make any stipulations with regard to the marriage of spouses where one of them is Jewish and the other is not. even if they applied to the Rabbinical Court by consent.

In most cases, before a Jewish woman married in a civil marriage can re-marry, the Rabbinical Court demands compliance with the strict requirements of Jewish Law in respect of divorce (“get lechumra”). That is since, although under Jewish Law,

It is recommended that you act in accordance with the following instructions:

Rabbinical Courts in Israel are governed by secular civil law (as opposed to religious law) in respect of matters of family property (see “the rule of sharing” and “the Property Relations Between Spouses Law”).

The “jurisdiction race”, the process by which each party seeks to file their claim with the court most beneficial to them (Family or Rabbinical Court) before the other party does so, is the result of the existence of parallel jurisdictions – the Family Court and the Rabbinical Court – for hearing matters related to divorce, as stated below