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Can a Jewish couple who live abroad file for divorce in an Israeli rabbinical court?

Sometimes. Section 1 of the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 5713-1953 ties the rabbinical courts’ exclusive jurisdiction to Jews in Israel who are nationals or residents, so a couple with no Israeli status falls outside the ordinary rule. Section 4A, added in 2005, extends jurisdiction to the religious divorce alone in defined situations, including where the couple married in a Jewish ceremony and no foreign court can grant an effective get. The Israeli ruling covers the divorce itself and leaves property, maintenance and custody to the foreign court.

The 1953 Law was drafted around residents and citizens, which left diaspora women stranded when a civil divorce abroad ended the marriage in law but not in religion. Section 4A was enacted to close that gap. It allows the Great Rabbinical Court in Jerusalem to take jurisdiction over the get, the Jewish bill of divorce, where a listed connecting factor exists, such as a marriage celebrated under Jewish law, one spouse being present in Israel, or a foreign religious court that cannot compel the divorce. The court rules on jurisdiction first, on the papers, and its authority is confined to dissolving the marriage.

A couple who already hold a New York or London civil divorce can petition through an Israeli attorney without relocating, although the parties must attend for the ceremony itself or appoint an agent (shaliach) to deliver or receive the document. The sanctions available against a refusing spouse under the Rabbinical Courts (Enforcement of Divorce Judgments) Law 5755-1995, such as passport and license restrictions or imprisonment, only bite on someone present in Israel or holding Israeli assets. That limit is the practical weakness of the route, and it is worth assessing before filing whether the other spouse has any Israeli connection at all when planning a get refusal case.

⚖ In Practice
  • Governing law: Sections 1 and 4A, Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 5713-1953; Rabbinical Courts (Enforcement of Divorce Judgments) Law 5755-1995
  • Competent authority: Great Rabbinical Court, Jerusalem (Beit HaDin HaRabani HaGadol)
  • Fees: filing a divorce petition costs approximately NIS 500 (2026); a jurisdiction application under Section 4A carries separate attorney fees
  • Timeline: a ruling on Section 4A jurisdiction commonly takes 2–6 months; a contested get can run for years
  • Scope limit: a Section 4A case decides the religious divorce only, so property division, maintenance and custody stay with the foreign court

From the full guide: Get Refusal in Israel: Rights and Remedies When a Spouse Refuses a Jewish Divorce

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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