Wednesday, September 1, 2021

Israeli Supreme Court: Infidelity in marriage should not be a factor in dividing property during divorce

After 30 years of marriage, the husband petitioned for a divorce at the Rabbinic Court, together with a petition to divide the couple’s property. The Regional Rabbinic Court, in accordance with the legal precedents ruled by the Supreme Court (the “specific community property rule”), concluded that the wife is entitled to half of the family home that was registered under the husband’s name (as it was built on property belonging to him before the marriage) and where the couple lived throughout most of their married life. The husband appealed to the Grand Rabbinic Court arguing that the wife had committed adultery just before the end of their marriage (a claim that was denied by the wife) and, therefore, she is not eligible to receive her portion of the residential property.  The appeal was accepted and the Grand Rabbinic Court concluded that because it was convinced that the wife was unfaithful and “based on this infidelity” she was not eligible to receive any part of the residential property. The wife turned to the Supreme Court, sitting as the High Court of Justice, requesting that it overturn the decision. The request was rejected by a majority of the judges.


No comments :

Post a Comment

please use either your real name or a pseudonym.