Family Law Attorney

Family law in Israel is unique and is unlike family law in any other country in the world. The fundamental difference lies in the fact that there is no civil marriage in Israel and that the authority regarding marriages is to a large extent in the hands of religious courts, other matters are decided in the Israeli family court or through mediation, which reduces the time and financial costs of long lawsuits

In Israel, there are civil courts of law that deal with family law issues and there are, at the same time, religious courts: rabbanical courts for Jews, sharia courts for Arabs, Christian courts for Christians and special courts for members of the other religious groups in Israel.

Often family disputes can be resolved by means of mediation, which saves time and money, especially in contrast with the protracted deliberations that are frequently characteristic of the judicial procedure in a court of law.

Anastasia Fux is not only an experienced lawyer in the field of family law; she is also a skilled mediator. Visit our offices and you will receive the opportunity to receive a quick and favorable resolution of your family-related problem.

We deal with all the various aspects of family law, such as:

Citizenship/Ministry of the Interior/Personal status in Israel

Granting of personal status by the Israeli Ministry of the Interior for foreign citizens for the purpose of family reunification with a citizen of Israel;
Submission of an appeal against an Interior Ministry’s decision to deport a foreign citizen;
Humanitarian lawsuits (for example, on behalf of elderly parents or minors who are children of a foreign citizen, or issues concerning residential status in Israel);
Questions of citizenship and the receipt of a pension from the Russian Federation for a resident of Israel who is also a citizen of the Russian Federation.

Family law

Scope of issues that we are dealing with:

1. Marriage in Israel and abroad:
   • Marriages between Israel citizens and non-citizens of Israel, between Jews and non-Jews;
   • Drawing up of a prenuptial agreement (esquem mamon) between spouses and persons in a civil marriage.
2. Divorce
   • Drawing up of a divorce agreement;
   • Division of jointly acquired property;
   • Alimony for children: petitions for payment or change of their size, as well as recovery of unpaid alimony.
3. Declaration or denial of fatherhood, scheduling of DNA testing in accordance with a court decision.
4. Guardianship
   • Guardianship cases (for children and adults);
   • Registration and release of long-term power of attorney.
5. Inheritance law and Wills Н2
   • Drawing up and Registration of wills;
   • Filing Requests for inheritance orders in the absence of a will and registration of a court order for the execution of a will;
   • Litigation disputes related to the wills

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Marriage in Israel and abroad

In Israel, when two Jews wish to be married in a traditional manner, they must do so through the Chief Rabbinate. If the bridegroom or the bride is not Jewish or is not a religious Jew, the wedding ceremony in most cases will have to be a civil ceremony conducted abroad. Our office can help you with the registration of your overseas wedding whether both you and your spouse participate in the registration process or only one of you does so. In order to register an overseas marriage, we must be presented with the marriage documents after they have been verified by the Israeli Interior Ministry and, once the process is complete, you and your spouse will be registered in Israel as a married couple. We will also help with the registration of civil unions in Israel.

The prenuptial agreement

The purpose of this document the form of which you may find here is to arrive at an agreement on all possible issues of dispute that might arise in a marital relationship, including issues that might arise if the couple decides to divorce, such as:

• Division of jointly acquired assets;
• Determination of the assets that belong to each spouse and which will therefore not be divided among the spouses.

This document permits two individuals who have been close to one another, on the one hand, avoid the possibility of becoming enemies in the event of the termination of their marital relationship and, on the other, have the opportunity of arriving at a resolution in a peaceful manner of issues of conflict.

A prenuptial agreement can be drawn up when the two parties are not yet married, in which case the agreement must be certified by a notary. It can also be drawn up when the individuals are about to be married or are already married, in which case the agreement must receive the power of a court verdict and an application must, therefore, be made to a court of law.

A prenuptial agreement must be concluded in a completely voluntary manner and must protect the interests of each spouse. It must not violate any law and thus it is advisable that a couple wishing to draw up a prenuptial agreement between them should check with a lawyer, who will correctly include in the agreement everything to which the spouse’s consent.

Divorce in Israel

If the marriage has been registered in accordance with the halacha (Jewish religious law) or if both of the spouses are Jewish, the divorce proceedings can take place only in a rabbinical court in Israel. Other issues, such as the granting of child support or spousal support, the division of jointly accumulated assets and the place of residence of the child or children can be resolved in an Israeli civil court, namely, a family court. Here the factor of precedence plays a crucial role: The court – whether civil or rabbinical – where these issues will be discussed and decided upon will be the one chosen by whichever spouse who is first to choose a court for the settlement of the above issues.

If one of the spouses is not Jewish, all of the issues related to the divorce must be settled in an Israeli family court in the district where the couple last lived under the same roof.

Advocate Anastasia Fux is an experienced family law attorney with expertise in family law and all issues related to marriage and divorce in Israel. If you turn to our offices, you can rest assured that your divorce will be as quick and painless as possible.

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The divorce settlement agreement and the divorce suit

If something in your family life has gone awry, a family law attorney can serve as a mediator and can bring about a peaceful settlement of disputes between you and your spouse. A family law attorney can help you arrive at a divorce settlement agreement and can enable you to avoid a protracted divorce suit.

Issues of child support payments and the education and place of residence of the spouses’ child or children in the event of a divorce are regulated by the divorce settlement agreement. That agreement is the best option for a couple that is in the process of getting divorced, is set down in writing and acquires power only after it has been approved by a court of law.

In the event that you and your spouse cannot arrive at an agreement, a lawyer will represent you in court.

Property division

During a divorce and property division in court, the court might recognize spouses’ property as personal or community, depends on evidence produced by the parties. If your attorney is a skilled mediator, you can resolve this issue without going to court, by signing a prenuptial agreement protecting the interest of both spouses, even on the verge of divorce.
Couples living in a civil union (couples living together, but not legally married) are also facing property division hazards, in case the court recognizes their union. In any of those cases, while facing divorce and property division it’s important to have a good family lawyer, who will protect your interests inside and outside of court.

Child alimony: Applying for payment or for a change in the amount

In Israel, child support payments are made by the parent who does not live with the child, if the latter is under the age of 18 or is in compulsory military service in the Israel Defense Forces even if the child is over the age of 18 (in which case the child support payment is reduced). The court might issue a ruling on the payment of child support even if the father has never seen his child.

The decision of a family court (or sometimes a rabbinical court) concerning the amount of the child alimony payment will depend on many factors, including the income of both parents each of whom has assets, the standard of living of the child or children prior to the separation or divorce, the particular needs of each individual child, etc. In Israel, there is no predetermined percentage of the parent’s salary that should be allocated for child support payment. Everything depends on the specific situation, the parties involved and, in the final analysis, the decision of the court. If you are unhappy with the court’s decision, a lawyer can prepare an application for a change in the amount of the child support payment; the request for such a change must be well-grounded and must be accompanied by the relevant documents.

When submitting a request for a change in the amount of the child support payment, you must present the following documents:

• A photocopy of your Israeli I.D. card;
• A copy of the court’s decision regarding the divorce and the amount of the child support payment;
• Your last three monthly salary slips;
• A bank statement for the last three months;
• Any other documents that confirm the necessity for a change in the amount of the child support payment (whether the request is for an increase or a decrease in the amount).

Establishment of paternity through DNA test

The establishment of fatherhood in Israel in connection with young or grownup children, or for the purpose of determining whether the children in question are Jewish, is carried out through a DNA test, which can be ordered only by an Israeli court of law. In order to receive permission for a DNA test, which can be administered in a clinic in Israel or abroad, one must submit an application for the establishment of fatherhood to an Israeli court of law, specifically, a family court.

The results of DNA testing that was conducted abroad but which was not ordered by an Israeli court are unacceptable in Israel.

DNA testing is conducted on both parents (if they are alive) and on the child or children. The cost of this testing is approximately 1,200 New Israel Shekels per person. The results of the DNA testing are never issued directly to any of the parties; instead, they are sent directly to the court that ordered the tests. In accordance with the results of the DNA testing, the court decides whether fatherhood can be declared or not.

This procedure has many unique features: For example, the court can prohibit the conducting of DNA testing, if there is the danger that, from the standpoint of the halacha (Jewish religious law), the child might be declared a mamzer (illegitimate child), or, alternately, in the child’s best interests, the court might demand that one of the parties undergo DNA testing. In any case, in view of the social importance of this category of lawsuit, in each such lawsuit, one of the parties in the legal proceedings will be the Attorney General, who will transmit his or her position to the court with regard to approval or non-approval of the conducting of DNA testing.

Legal guardianship (apotropos)

Most of the guardianship matters (apotropos) in Israel are ruled by a Family Court (beit mishpat le-in’yanei mishpaha):

• Legal guardianship over a child;
• Legal guardianship over an incapable adult – aged, handicapped or someone incapable of managing his/her property, temporarily or indefinitely.

Since 2017 it became possible to settle guardianship matters OUTSIDE of court by a lasting proxy while you personally choose your guardian and define his powers.

Call Family Attorney Anastasia Fux now and you will receive answers to the questions that are important to you with regard to family law in Israel +972-52-639-2289 (for Israel) or +7925-171-07-55 (for Russia).

Be loved and happy
Your family lawyer Anastasia Fux