Articles from the office · Family Law
The Family Court or the rabbinical court: what to know before filing
In a Jewish couple's divorce in Israel, two courts can hear some of the issues. The choice between them shapes the whole process, so make it on purpose.
· 2 min read
Many couples discover only halfway through that two courts can hear their case: the rabbinical court and the Family Court. The difference between them is more than an address.
Which court decides what
Over the marriage and divorce of Jewish couples, meaning the get itself, only the rabbinical court has jurisdiction. Over the related issues, such as the division of property, spousal maintenance, custody and parenting time, both courts may have jurisdiction. Child support is usually heard in the Family Court.
Why it matters
On property and children, both courts are meant to apply the same laws. But the approach, the pace and the way proceedings are run can differ. So deciding where each issue is heard is a strategic decision, not a technical one.
Whoever files first
For years people spoke of a race to the courthouse: whoever filed first decided where the issues would be heard. Since 2016 the Family Disputes Resolution Law has applied. In most cases a request to settle the dispute comes first, followed by a period of preliminary meetings at the court's assistance unit, during which no claims are filed. Only if there is no agreement does either side turn to a court. The race has not disappeared, but there is now time to stop and think.
Before you file
- Be clear about what you are asking for: a get, division of property, support, arrangements for the children.
- Understand which court suits each issue, and what it means to bundle issues into a divorce claim.
- Check whether an agreement is possible, for example in mediation, before starting proceedings.
- Do not sign any document without understanding which court it is filed in.
I represent clients in the Family Court and in the rabbinical court. If you are at the start, a short conversation before filing can save a great deal.
This article is general information, not legal advice. Every case is different, and the law changes from time to time. Before acting, it is worth taking advice on your own circumstances.