Relocating abroad together can be an exciting chapter for a couple, especially when the family settles in well. But relocation can also generate real strain, and that strain sometimes seeps into the marriage and pushes it to the brink, up to the decision to separate and divorce. Often it is the spouse who accompanied the partner with the job offer who reaches that decision first, having struggled to find work or to fit in abroad, and the couple finds itself facing divorce during relocation.
Divorce proceedings are difficult and demanding even when both spouses live in Israel, all the more so when the separation is not amicable and the couple shares substantial property and minor children. Divorcing abroad during relocation adds further layers to that difficulty, and it pays to know about them in advance.
Divorce during relocation: what must be done for a divorce abroad to be recognized in Israel?
As a general rule, for the divorce of a married Jewish couple, whether they married in a religious ceremony according to halacha or in a civil marriage, to be recognized by Israel’s Ministry of the Interior, it must be conducted before an Orthodox rabbinical court approved and recognized by the Chief Rabbinate of Israel, whether in Israel or abroad.
Jewish couples who want to divorce abroad in a way that will also be recognized in Israel must therefore do so through an Orthodox rabbinical court abroad that is recognized by the Chief Rabbinate of Israel.
The list of rabbinical courts around the world recognized by the Chief Rabbinate of Israel can be downloaded at the following link: https://www.gov.il/he/departments/publications/reports/beit_din_gitin
Incidentally, where one spouse is still abroad while the other has returned to Israel, halacha allows the divorce ceremony to be held in Israel through an agent: the spouse abroad appoints a messenger to stand in at the ceremony. A husband abroad appoints a messenger to deliver the get, and a wife abroad appoints a messenger to receive it.
Approval of the divorce in Israel – divorce during relocation
After the divorce is conducted before a recognized rabbinical court abroad, the former spouses must also apply to a rabbinical court in Israel and request a divorce certificate. This document is what gives the foreign divorce validity in Israel and updates the couple’s personal status at the Ministry of the Interior to divorced.
For this purpose they apply to the rabbinical court with local jurisdiction over their last residential address in Israel. If they have no last address in Israel, or there is no rabbinical court in their last area of residence, they can apply to the Rabbinical Court in Jerusalem.
As long as the divorce abroad took place before a recognized court and without unusual incident, it will be approved without difficulty.
If, however, the divorce abroad took place before an unrecognized court, the rabbinical court in Israel will examine it thoroughly and then either approve the divorce or order a precautionary get (get l’chumra), which in practice requires the couple to go through the divorce process again in Israel.
What must be done for the divorce to be recognized abroad as well?
It is important to understand that divorcing before a rabbinical court does not automatically make the couple divorced under the local civil law of the country where they live. They must also complete a civil divorce process in that country.
Until they do, they are still considered married under local law, which bars them from remarrying; doing so could amount to the offense of bigamy under that country’s laws.
Married Jewish couples abroad who wish to divorce must therefore complete two procedures: a halachic divorce before a rabbinical court recognized by the Chief Rabbinate of Israel, and a civil divorce under the local law of the country where they reside.
One more point: if a residence or work visa in the foreign country was granted to one spouse solely on the basis of the marriage to the other spouse who resides there lawfully, bear in mind that the visa may lapse once the divorce takes effect under local law. In that case the spouse will need to rearrange residence or work status in that country or risk being sent back to Israel.
Which law governs support and the division of property for spouses living abroad?
While the divorce itself and the granting of the get follow Jewish law, the economic issues that accompany the divorce, support payments and the division of joint property, are heard and decided under the local law of the country where the couple resides.
To divide the joint property, one must examine whether the rights the spouses accumulated during their time abroad, including rights in real estate; rights in movable property, including vehicles; social and pension rights; and rights in shares and securities, were registered in both names or in the name of one spouse only. The tax consequences of transferring rights between the spouses must be examined as well. Where there is concern about assets being spirited away, it is advisable to seek orders barring unilateral disposition of rights in the joint property.
If, however, the couple’s property matters are heard in Israel, Section 15 of the Spouses (Property Relations) Law, 1973, applies. It provides that “the law of their domicile at the time of the marriage shall apply to the property relations between spouses, but they may, by agreement, determine and change these relations in accordance with the law of their domicile at the time of the conclusion of the agreement.”
In other words, in such a case the law of the couple’s place of residence at the time of the wedding applies, not the law of the country where they live during the relocation, unless they conclude an agreement providing otherwise, under the law of their place of residence at the time the agreement is made.
Which law governs child custody for couples living abroad?
As with support and the division of property, custody and visitation arrangements abroad are determined under the local law of the country where the couple resides.
The issue naturally becomes more complicated when one spouse chooses to return to Israel while the other stays abroad, and both want custody of the child.
In such a case, the question of which parent receives sole custody is heard and decided according to the overriding principle of the best interests of the child.
The parent returning to Israel may argue that the child is better off growing up in Israel with him: the family’s move abroad was meant to be temporary, Israel is still the center of the children’s lives, and the child should grow up in his homeland, close to his extended family. Whether that argument is accepted depends, of course, on how long the child has been abroad, the child’s age, and so on.
The parent remaining abroad may argue the opposite: the child has already adapted to the new country, its language and culture, has made many friends there, and sees his future in it. Some parents also argue that returning to Israel would expose the child to military conscription and its dangers, and that he is better off abroad for that reason too.
Either way, once it is finally decided which parent will have custody, visitation must be arranged to preserve the child’s bond with the other parent, including the number and frequency of visits, where they take place, and who pays for them. Where there is concern that the children might be abducted during visits abroad, financial guarantees can be demanded to ensure the child’s return.
