Same-Sex Divorce in Israel: A New Court Ruling and Its Significance

Israel has a unique legal system in which marriage and divorce between spouses of the same religion are governed by religious law. On one hand, this is an integral part of Israeli life; on the other, it creates challenges for couples who cannot or do not wish to enter into a religious marriage, including same-sex couples.

A recent court ruling, which recognized the divorce of a same-sex couple married abroad, marks an important step toward equal rights for all citizens. In this article, we examine the historical context, the legal status of same-sex couples, and the significance of this new judicial precedent.

The recognition of same-sex couples in Israel began in 1994 when legal action resulted in the recognition of unregistered cohabitation between such couples. This granted same-sex couples many of the same rights enjoyed by opposite-sex spouses, including inheritance rights, access to social housing, and eligibility for preferential home loans.

However, official marriage in Israel remains unavailable to same-sex couples. Israel does not allow civil marriages within the country, including for people of different religions (e.g., a Jewish and a non-religious person). The only officially recognized unions within Israel are religious marriages conducted according to the laws of the respective religious communities.

Many people are unaware that if both partners are non-religious and can confirm this status with a statement from the Ministry of Interior, they may enter into an official non-religious marriage. However, the only way for people of different religions (or when one partner is religious and the other is not) to marry is through civil marriages performed abroad—including online marriages conducted via Zoom under the jurisdiction of the U.S. state of Utah. This also applies to same-sex marriages.

1.2 The Supreme Court’s Position on Recognizing Same-Sex Marriages

A landmark Supreme Court ruling in 2006 was a significant step toward the recognition of same-sex marriages. The court ordered registration officials to record such marriages in the Ministry of Interior’s population registry. However, this ruling did not alter the legal status of these marriages—it merely ensured their registration for statistical purposes. The court did not recognize same-sex unions as marriages in the full legal sense, leaving them outside Israel’s legal framework.

1.3 Rights and Benefits of Same-Sex Couples

Over time, Israel has expanded the rights of same-sex couples. In 2020, the Tel Aviv Municipality officially recognized same-sex partnerships and granted them the same benefits as opposite-sex couples. This move demonstrated local government support for equality.

2. Difficulties in Dissolving Marriages in Israel

2.1 The Divorce System

If both spouses belong to the same religious community, divorce is handled by the appropriate religious court. In cases of mixed marriages or when a couple has no religious affiliation, divorce is handled in a secular court.

For Jewish couples, divorce falls under the jurisdiction of rabbinical courts, even if the marriage was performed abroad. This often leads to lengthy bureaucratic processes, particularly if religious authorities refuse to recognize the marriage and, consequently, refuse to dissolve it.

2.2 Divorce for Same-Sex Couples

The situation for same-sex couples is unique. Since the rabbinical courts do not recognize same-sex unions, they cannot dissolve them either. Until recently, same-sex divorce remained a legal deadlock: secular courts did not always have clear jurisdiction, and religious courts refused to handle such cases—especially when both spouses were Jewish.

3. A Landmark Ruling: The August 2024 Same-Sex Divorce Case Handled by Our Office

3.1 Case Overview

In May –  August 2024, our office successfully handled a same-sex divorce case before the Family Court. The couple, who had married in Germany, consisted of one Jewish spouse and one non-religious spouse. Within five months of filing the divorce petition, the Tiberias Family Court ruled to dissolve the marriage, setting an important legal precedent.

3.2 The Court’s Decision

The Rabbinate clarified its position, stating: “Since this case involves two women, their marriage has no halachic significance beyond a partnership agreement. Therefore, the Rabbinate does not intervene in the dissolution of such a partnership, and the case should be handled by the civil court.”

Following this clarification, the Family Court established that this ruling applies to all same-sex marriages involving Jewish spouses.

Key points of the court’s decision:

  • Religious bodies have no authority over same-sex marriages.
  • The mutual consent of both spouses is sufficient grounds for dissolution.
  • Secular courts can simplify the divorce process by eliminating unnecessary bureaucratic procedures.

3.3 The Significance of This Ruling

This ruling paves the way for secular courts to provide equal rights to all couples, regardless of gender or religious affiliation. It also sets the stage for a simplified divorce process for same-sex unions in the future.

4. Implications for the Future

4.1 The Role of Secular Courts in Same-Sex Divorces

The August 2024 ruling highlights the necessity of transferring jurisdiction over same-sex divorces to secular courts. This shift would create a more transparent and efficient system, eliminating legal deadlocks and reducing waiting times.

This precedent may encourage the development of a more comprehensive legal framework that ensures equality for all citizens. It also signals a move toward a more inclusive society, where all individuals—regardless of gender or sexual orientation—have equal rights in marriage and divorce.

Conclusion

The Family Court’s decision to grant a same-sex divorce marks a major step toward equality. It underscores the importance of secular court rulings in matters that fall outside religious traditions. This precedent will make the divorce process more accessible for same-sex couples, significantly reducing the time required to finalize divorces.

In this case, our office successfully completed the divorce process within five months. In the future, similar cases could be resolved in as little as a month—or even less.

If you need legal assistance regarding marriage or divorce, we offer professional legal consultation. Contact us through our website or by phone:
📞 +97252-639-2289 (for calls from Israel)
📞 +7925-171-0755 (for calls from Russia)

Best regards,
Attorney Anastasia Fux