Can a spouse in Israel divorce when the other spouse lacks legal capacity?

Capacity is decided by the Family Court on medical evidence, not by the family. Once a guardian is appointed under the Legal Capacity and Guardianship Law 5722-1962, that guardian steps into the ward's shoes for civil matters: the balancing of marital property under the Spouses (Property Relations) Law 5733-1973, maintenance claims, the family home, and any pension or provident fund division. The Administrator General supervises the guardian and must be served with the application. The religious layer sits outside all of this. A rabbinical court will not treat a get as valid where the giving or receiving party did not understand the act, and a guardian's authority does not extend to a personal-status act of that kind. Couples married abroad in a civil or interfaith ceremony have a different route, because the Family Court can dissolve such marriages under the special-cases legislation of 1969.

The practical trap for families abroad is delay. Joint Israeli bank accounts, an apartment held in both names and a pension in payment can all be frozen or drained while nobody holds formal authority, and Israeli banks will not accept a foreign power of attorney signed after capacity was lost. Move first on the guardianship application, with an up-to-date psychiatric or geriatric opinion and apostilled identity documents, and expect the court to appoint an independent guardian rather than the healthy spouse where that spouse is also seeking a divorce. An Israeli guardianship order obtained early is what makes the rest of the file manageable, including the civil claims that can be concluded even when the marriage itself cannot be dissolved.

From the full guide: Getting Divorced in Israel as a Foreign National: The Complete Legal Guide

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