Family Law, Immigration & Status Regulation in Israel
Immigration Law Lawyers
The world has become a global village, and Israeli law has kept pace. Whether dealing with cross-continental inheritances, international real estate transactions, or complex family disputes – the path to victory in Israeli courts often requires a deep understanding of the law in another country. Here you'll find the best experts for providing foreign law opinions, backed by real client reviews.
In the modern era, physical borders between countries may be clear, but legal and economic boundaries are blurring. Many Israelis hold foreign passports, invest in real estate in Europe or the US, marry partners from other countries, and run global businesses.
When a legal dispute arises in Israel that has a connection to another country, the Israeli court faces a problem: the Israeli judge is well-versed in Israeli law, but cannot (and should not) know what the law says in France, Russia, China, or California. In this situation, "foreign law" becomes a fact that must be proven.
This is exactly what this category on LawReviews is designed for. We have gathered the leading lawyers and legal scholars in Israel and worldwide who specialize in providing legal opinions on foreign laws. On this page, we'll dive deep into the subject, understand when such an opinion is mandatory, and how to choose the right expert to tip the scales in your favor.
In the Israeli legal system, there is a clear distinction between "law" and "fact." While the judge is expected to know Israeli law ("knowledge of the law"), foreign law is considered a "fact" that requires proof.
This means that a party wishing to rely on the law of another country in Israeli legal proceedings must prove to the court what that law says, exactly as they would prove any other fact in the case (such as vehicle damage or construction defects). The tool for proving foreign law is an "expert opinion on foreign law."
The opinion is a detailed and reasoned legal document, written by an expert (usually a lawyer licensed in that country or a law professor), who analyzes the specific legal issue in light of the relevant country's law and submits their conclusions to the Israeli court.
It's important to understand that not every lawyer can provide such an opinion. An Israeli lawyer, however qualified, is not authorized to testify about German or American law unless they have specific education, certification, or proven expertise in that law. The expert effectively serves as an "expert witness" and may be cross-examined on their opinion in court.
The need for a foreign law opinion arises in a wide range of legal fields, all sharing an international element. Here are the most common scenarios:
This is perhaps the most common field. When a person passes away leaving assets in multiple countries, or when they were a resident of a foreign country but left assets in Israel, the question arises: which inheritance law prevails?
Will Validity: Is a will written in France valid in Israel even though it wasn't signed before witnesses as required locally?
Heir Identification: In certain countries (mainly in Europe), children cannot be disinherited, unlike Israeli law. An expert opinion will clarify to the Israeli court who the legal heirs are according to the law of the deceased's place of residence.
Taxation: Tax implications on inheritance in different countries.
Mixed couples or Israelis who lived abroad and returned encounter complex issues during separation:
Property Relations: Is a prenuptial agreement signed in New York valid in Israel? How will assets accumulated abroad be divided?
Custody and Child Abduction: Cases falling under the Hague Convention sometimes require proof of custody rights in the child's country of origin.
Divorce Recognition: Couples who married in civil ceremonies abroad and want to divorce in Israel sometimes need to prove what the law in the country where they married says about divorce.
For a judgment issued in the US, for example, to be enforceable in Israel (for debt collection, say), one must go through a "foreign judgment enforcement" process. In this process, an opinion is sometimes required to prove that the judgment is final and can no longer be appealed in the country of origin, and that the legal system there is reliable.
Israeli companies trading globally encounter contractual questions:
Contract Interpretation: A contract signed under English law (very common in international trade) – how do you interpret a "force majeure" clause?
Corporate Law: What is the liability of a director in a company incorporated in Delaware but operating from Israel?
Insolvency: How does a multinational company's bankruptcy proceeding work?
An Israeli injured in an accident abroad who files a claim in Israel may need an opinion to prove what the customary compensation amount is in that country or what statute of limitations rules apply there.
Why is it so important to obtain a professional opinion? Because of a legal rule called the "presumption of identical laws."
If a certain party claims that foreign law should apply but doesn't bring an expert opinion to prove the content of that law, the Israeli court will make a legal assumption (fiction): it will assume that the law in the foreign country is identical to Israeli law.
Imagine an inheritance case where foreign law greatly benefits you (for example, grants the spouse 100% of the property), while Israeli law grants only 50%. If you don't bring an opinion proving foreign law, the judge will rule according to Israeli law, and you'll lose half the inheritance – just because you "cut corners" or gave up on the expert.
Unlike other fields, there is no official "foreign law expert certificate" in Israel. The definition is flexible and determined by the court on a case-by-case basis, but case law has outlined several key criteria:
Licensed Attorney in the Target Country: The ideal expert is an active attorney holding a valid law license in the country whose law is being discussed. Someone engaged in daily practice in that country is perceived as having the most current knowledge.
Academics and Legal Scholars: Law professors specializing in a particular legal system can serve as experts, even if they're not active attorneys in that country, thanks to their deep theoretical and research knowledge.
Language Proficiency: An expert must have absolute command of the source language of the foreign law. You cannot give a serious opinion on German law relying only on English translations. The nuances are in the source language.
Experience in Israeli Courts: A huge advantage is reserved for experts who have previously submitted opinions, know the dynamics of cross-examination in Israeli courts, and know how to formulate the opinion in a way an Israeli judge will understand and accept.
Choosing an expert is strategic. An unprofessional expert may collapse under cross-examination and bring down the entire case. Our index allows you to filter and choose wisely according to the following parameters:
Specific Expertise: Do you need an expert in Russian criminal law or Russian corporate law? These are two different worlds. Make sure the expert is proficient in the specific field.
Geographic Resolution: In the US, for example, each state has its own family and inheritance laws. An expert in New York law won't necessarily know how to testify about California law. Make sure the expert matches the specific jurisdiction.
Reviews and Ratings: Read what other lawyers and clients who used the expert's services wrote. Was their opinion accepted by the court? Were they available and professional?
Conflict of Interest: An expert must be objective. Our system helps identify independent experts whose opinions will be received with high credibility.
How does it work in practice? Here are the main steps on the way to obtaining the opinion:
Fact Gathering: The attorney representing you in the case will provide the expert with all relevant documents and the factual description of the case. The expert doesn't determine what happened (case facts) but what the law says about those facts.
Legal Research: The expert conducts in-depth research in the foreign country's databases. They examine not only the statute law (legislation) but also current case law (precedents), legal literature, and local customs.
Writing the Opinion: The expert drafts a legal document in Hebrew (or English, with translation), detailing the foreign law, citing relevant sections, and explaining how they apply to your specific case.
Court Testimony (Optional): In many cases, the opposing party will want to cross-examine the expert to challenge their conclusions. The expert will appear in court to defend their opinion.
How much does a foreign law opinion cost? This is a complex question with no uniform answer. The price is affected by several factors:
Complexity of the Issue: Is it a simple question like "what is the age of majority in France?" or a complex analysis of patent rights in China?
Expert Seniority: A world-renowned professor will charge more than a young attorney.
Urgency: A "next-day" opinion will cost more.
Need for Court Appearance: Court testimony is priced separately and sometimes by the hour.
Important to remember: often, a cheap opinion can end up being expensive. An insufficiently proficient expert could lead to losing a case worth millions.
Naturally, there are countries for which demand for legal opinions in Israel is particularly high:
US Business Transaction Consulting: Mainly New York, California, and Florida (real estate, business).
European Union Countries: Germany, France, Italy, Romania, and Poland (citizenships, inheritances, property restitution).
Former Commonwealth Countries: Russia and Ukraine (family law, personal documents).
United Kingdom: Very relevant for international commercial contracts.
Arab Countries: Sometimes opinions are needed regarding Sharia law or laws of neighboring countries on matters of personal status.
Don't leave your legal fate to chance. Whether you're attorneys looking for an expert colleague to strengthen the case, or private clients needing to prove foreign law – our index is the address. Use the smart search engine, filter by relevant country and field, and choose the expert who will give you the advantage in court.
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The information and content displayed on this site is intended to provide informative information and expressive opinion on behalf of third parties only they are not a substitute for professional legal advice and should not be relied upon as such advice. Any use of the information on the site requires examination and verification with the relevant parties. Use of the site and its contents is the sole and complete responsibility of the user
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