When a marriage, relationship, child or asset has connections with both England and Israel, the legal position can become more complicated. The Brookman team advises on the law of England and Wales and can help you understand whether, and how, the English courts may deal with your divorce, finances, or arrangements for children. Where Israeli legal advice is also required, we can work alongside an appropriate lawyer in Israel.
Who this service may be relevant to
- An Israeli national living in England or Wales who is considering divorce, separation, or financial arrangements
- A British citizen married to an Israeli national
- A couple who married in Israel, or married elsewhere before living in Israel, and now have a home in England or Wales
- A British expatriate living in Jerusalem, Tel Aviv, Haifa or elsewhere in Israel
- A family that has moved between England and Israel, or expects to do so
- Parents who live in different countries, or whose children spend time in both England and Israel
- A spouse with an Israeli home, bank account, pension, investment, business interest, or inherited wealth
- A couple considering a prenuptial or postnuptial agreement that may need to operate across both legal systems
Foreign nationality does not prevent a person from asking the family courts of England and Wales to assist if they divorce. However, British nationality, residence in England, or the fact that a marriage took place in Israel will not by itself settle the question. Habitual residence, domicile, the history of the family’s life, and any existing proceedings may all be relevant. Early advice allows these connections to be considered before important decisions are made.
Divorce involving England and Israel
The starting point is to establish whether the courts of England and Wales have jurisdiction and whether any proposed English divorce will deal effectively with the couple’s wider circumstances.
An Israel-related case may require evidence about where each spouse currently lives, where they have been habitually resident, and where their permanent home or domicile may be. It may also be necessary to examine the following:
- The form of the marriage
- The parties’ religious affiliations
- Any divorce or status proceedings in Israel
- The recognition of a marriage or divorce in the other country
The divorce process in England and Wales is based on irretrievable breakdown and requires neither spouse to prove adultery, unreasonable behaviour, or another form of fault. An application can usually be made jointly or by one spouse. The position in Israel is structurally different because marriage and divorce remain closely connected to recognised religious communities and their courts. That distinction can be important even where a couple considers itself secular.
Jurisdiction, recognition, and proceedings in both countries
Some families have a realistic choice of forum, while others have only one available route. If proceedings have already begun in Israel, that may influence what an English court can or should do, but the effect is not automatic and depends upon the type of proceedings and the facts. It is therefore unwise to begin or respond to a case without understanding the consequences in both jurisdictions.
Recognition also requires separate consideration. The English courts generally recognise many overseas marriages if they were valid under the relevant law where they took place and the parties had capacity to marry. Recognition of an overseas divorce depends upon the circumstances and the statutory rules that apply in England and Wales. Israeli status and religious requirements may raise additional questions, particularly where a civil divorce abroad does not address a religious marriage or a person’s ability to remarry within their faith.
Financial settlements and assets in Israel
Where the English court has jurisdiction to deal with financial claims, it can take account of resources held in Israel as part of the overall divorce settlement. An asset does not fall outside the case merely because it is abroad or registered in one spouse’s name.
Both spouses will usually be expected to give full and frank disclosure. Israeli documents may need translation, property or business interests may require local valuation, and figures may need to be converted between pounds and new Israeli shekels at an appropriate date. Tax treatment, pension rules, and the practical enforcement of an English order in Israel can require coordinated advice from lawyers and other professionals in both countries.
At a high level, Israeli law contains a statutory framework for balancing property accumulated during a marriage, subject to important exceptions and the facts of the case. That is not the same as the discretionary approach under section 25 of the Matrimonial Causes Act 1973 in England and Wales, under which the court considers all the circumstances, including resources, needs, ages, the length of the marriage and contributions. The difference may affect negotiations and the advice required, but the likely outcome cannot be assessed from a general comparison alone.
Prenuptial and postnuptial agreements
It is important to bear in mind that an agreement drafted for one legal system should not be assumed to produce the same result in another. Separate legal advice in each jurisdiction, full financial disclosure, and sufficient time before the wedding can all improve clarity and reduce the risk of later dispute.
International child abduction and urgent protection
Taking a child from England and Wales without the consent of everyone with parental responsibility, or without the court’s permission where it is required, can have serious consequences. The same applies when a child is kept abroad beyond an agreed return date. Israel and the UK are parties to the 1980 Hague Child Abduction Convention, which provides a framework for applications concerning the prompt return of children who have been wrongfully removed or retained.
A parent worried a child may be taken to Israel may need urgent advice about prohibited steps, passport arrangements, and other protective measures. A parent dealing with an alleged removal or retention should also obtain specialist advice immediately. The Brookman team advises on the law and procedure of England and Wales and can coordinate with Israeli lawyers where action there is required.
Important features of family law in Israel
Marriage and divorce in Israel are generally governed through the recognised religious communities. For Jewish citizens or residents, rabbinical courts have exclusive jurisdiction over the marriage and divorce itself; other recognised communities have their own religious jurisdictions. Where spouses belong to different religions, or no religious court has jurisdiction over both, a civil family court dissolution procedure may be relevant. The correct route depends upon personal status and requires Israeli advice.
Property, maintenance, and arrangements for children are also approached within Israel’s particular statutory and jurisdictional framework. Israeli family courts can approve agreed divorce or property arrangements so that they have the force of a judgment.
Working with lawyers in both jurisdictions
The Brookman team can assess jurisdiction in England and Wales, conduct or respond to English proceedings, advise on financial disclosure and settlement, and assist with English children applications or pre/post-nuptial agreements. If advice, evidence or court action is needed in Israel, we can work alongside a suitable overseas lawyer.
Contact the Brookman team today.
Or call us: +44 (0)20 7430 8470