The growing number of Franco-Israeli marriages and the international mobility of families have led to a significant increase in divorces involving a foreign element.
Where a divorce is granted in Israel, the question of its recognition and effectiveness in France becomes a central concern for the spouses involved.
Contrary to a widespread belief, an Israeli divorce does not automatically produce effects in France. In the absence of any specific bilateral convention between the two States regarding the recognition of divorce decisions, the matter is governed by the French general law of exequatur.
ABITBOL & ASSOCIES has recently obtained the exequatur in France of an Israeli divorce decision concerning Franco-Israeli spouses. That decision confirms that clients can now be effectively guided through this complex procedure, thereby securing their civil status, their assets and their succession rights on French territory.
I. The applicable legal framework: the French general law of exequatur
- No automatic recognition
Unlike decisions rendered within the European Union, Israeli judgments benefit from no automatic recognition mechanism in France.
The application is therefore governed by the general principles developed in the case law of the Cour de cassation, in particular since the Munzer (1964) and Cornelissen (2007) rulings, which set out the cumulative conditions for the recognition of a foreign decision:
- The indirect jurisdiction of the foreign court;
- The absence of fraud;
- Compliance with French international public policy.
These criteria shape the analysis carried out by the French court hearing an application for exequatur.
- The indirect jurisdiction of the Israeli court
The French court does not retry the case on the merits; it verifies that the Israeli court had jurisdiction in the light of the connecting factors accepted under French private international law.
Where Franco-Israeli couples were residing in Israel at the time of the divorce, or had the centre of their family interests in Israel, the jurisdiction of the Israeli courts is in principle accepted.
- Compliance with French international public policy
The public policy review is the most sensitive aspect of the procedure.
The French court verifies in particular:
- Respect for the rights of the defence;
- Equality between the spouses;
- The absence of a unilateral repudiation granted without adversarial proceedings;
- The adversarial nature of the proceedings.
It is on this ground that the legal argument must be particularly well structured.
II. The specific features of Israeli divorce
The Israeli system has a distinctive judicial organisation.
For Jewish citizens, divorce falls within the jurisdiction of the religious courts, in particular those of the Chief Rabbinate of Israel, whose decisions produce civil effects under Israeli law.
It is therefore essential to explain to the French court:
- The nature of the decision rendered;
- The applicable procedural framework;
- The safeguards afforded to the parties;
- The final and binding character of the decision.
This work of judicial explanation is a key factor in the success of exequatur proceedings.
III. Exequatur: genuine adversarial litigation
It is essential to stress that exequatur is not a mere administrative formality. It constitutes autonomous court proceedings, fully adversarial in nature.
- A duly issued writ of summons
The procedure begins with a writ of summons before the competent Tribunal judiciaire.
The defendant is thus placed in a position to contest the application.
The adversarial principle applies in full.
- Filing of submissions and exchange of pleadings
An application for exequatur requires reasoned written submissions demonstrating that the three conditions laid down by case law are met.
The pleadings must in particular establish:
- The connecting factors with Israel;
- Compliance with procedural rights;
- The regularity of service of process;
- The final character of the divorce;
- The absence of any breach of French international public policy.
Where the application is contested, a genuine legal debate takes place.
- Production of documents and certified translations
The file must be flawlessly assembled:
- The complete decision;
- A certificate confirming that it is final;
- Proof of service;
- Sworn translations.
Any documentary gap may jeopardise the outcome of the proceedings.
- Hearing and representation
Exequatur requires representation at the hearings.
The court may question counsel on:
- The nature of the Israeli divorce;
- The functioning of the religious courts;
- The procedural safeguards afforded;
- The effects sought in France.
Counsel must therefore master both French private international law and the Israeli judicial system.
This is technical litigation requiring preparation, strategy and anticipation.
IV. The practical stakes for Franco-Israeli clients
1. Securing civil status
Without exequatur:
- The divorce cannot be recorded in the margin of the French marriage certificate;
- Remarriage in France may be blocked;
Administrative difficulties then arise. Exequatur allows the divorce to be transcribed and definitively secures the parties’ civil status.
2. Securing assets
Where assets are located in France:
- Real estate;
- Bank accounts;
- Shareholdings;
The absence of recognition of the divorce may give rise to blockages before notaries and in succession matters.
Exequatur makes it possible to avoid future disputes.
3. Succession security
In succession matters, establishing the status of former spouse is fundamental.
Judicial recognition prevents any subsequent challenge.
The strategy implemented by ABITBOL & ASSOCIES
In a matter handled recently, the success of the procedure rested on:
- An in-depth preliminary analysis of the Israeli decision;
- Rigorous assembly of the file;
- A structured argument on indirect jurisdiction;
- A precise demonstration of the adversarial nature of the Israeli proceedings;
- Anticipation of the arguments based on public policy.
This methodical approach made it possible to obtain an exequatur decision guaranteeing the full effectiveness of the divorce in France.
Recognised and operational expertise
Obtaining this decision confirms the Firm’s ability to assist Franco-Israeli clients in a complex and highly technical procedure.
The assistance offered includes:
- Preliminary legal analysis;
- Assessment of public policy risks;
- Complete assembly of the file;
- Drafting of the written submissions;
- Representation at the hearings;
- Follow-up until the final judgment is obtained
A question? Do you need assistance? We invite you to complete our dedicated contact form.
NB: This article is provided for information purposes only. Each file/case must accordingly be the subject of a specific review, and the information contained in this article does not constitute legal advice.
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Publications similaires :
Getting married in France, Getting divorced in Israel
Getting Married in France with a Separation of Property Agreement and Divorcing in Israel – Legal Update
(Français) Régimes matrimoniaux France-Israël : Mariage séparatiste et divorce
Fiscalité Israel-France: Du changement dans la situation fiscale des employés israéliens relocalisés à l’étranger
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