Family & Succession Law

Thanks to its specialisation in international law, Abitbol & Associés handles all areas of family and inheritance law, particularly where a case involves one or more cross-border elements between France and Israel.

Abitbol & Associés assigns dedicated teams to conduct the required proceedings in France or Israel: international divorce, protection against domestic violence, registration of wills, gifts, heir searches, expert assessments, liquidation of estates.

The firm favours mediation and conciliation, convinced that settlement agreements, where circumstances allow, avoid proceedings that are lengthy, costly and emotionally painful.

Divorce in Israel and between France and Israel:

In Israel, divorce between Jewish spouses falls within the exclusive jurisdiction of the rabbinical courts, while related matters (child custody, maintenance, division of property) may be brought either before the rabbinical court or before the family court. The choice of the court seised first has major consequences, so it must be made quickly and with full knowledge of the implications.

Where the spouses have ties with France, it is also necessary to determine which court has jurisdiction and which law applies, and to make sure that a decision given in one country will be recognised in the other. The firm also ensures that the get (Jewish bill of divorce) is delivered, without which a civil divorce has no religious effect.

Children:

  • Residence, visitation rights and child support
  • Relocation of a parent abroad
  • International child abduction, under the 1980 Hague Convention, to which France and Israel are both parties
  • Adoption

International successions:

When a deceased person leaves assets in France and in Israel, several legal systems may apply. In Israel, the heirs must obtain an inheritance order or a probate order from the Registrar of Inheritance Affairs or the court. In France, the European Succession Regulation of 4 July 2012 determines the applicable law, in principle the law of the deceased’s last habitual residence.

The firm assists heirs and testators with:

  • applications for inheritance and probate orders in Israel;
  • opinions on French law for the Israeli courts;
  • drafting wills suited to assets located in both countries;
  • administration of estates and division of assets;
  • inheritance disputes.

Areas of practice:

  • National and binational divorces
  • Resolution of all aspects of divorce (interim measures, maintenance, child custody, compensatory allowance, get, visitation rights)
  • Prenuptial and marital property agreements
  • Adoptions
  • Estates and drafting of wills in Israel
  • Gifts and wealth transfer

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