Divorce-Civil

Yes! As you are both Jews living in Israel you will need to divorce through the rabbinical court system, in Israel, even though you married in a civil ceremony overseas. This is because under Israeli law , the rabbinical courts have exclusive jurisdiction over divorce between Jews living in Israel, or with a connection to it, irrespective of where in the world they married, and in what ceremony. Mutual consent is sufficient grounds for divorce under Jewish law.

You need a special get to erase all doubts of marriage,even though Jewish law does not recognize civil marriage.

Once you get a divorce judgment, and the "get" ceremony is completed, you can start the process of getting the divorce recognized in Canada. You need both a religious divorce in Israel and a civil divorce based upon its recognition, in Canada, to be eligible to remarry legally. 

If you don't get divorced in both countries you will still have a "limping" marriage, and if one of you remarries, you run the risk of being prosecuted in Israel for the criminal offence of bigamy, which is prohibited.

Yes! , it is possible to start dissolution of marriage proceedings in Israel, through a lawyer specialising in the field,and even obtain a divorce judgment, that can be recognised in Bulgaria,  while you are both overseas,most probably without the need for either of you to come to Israel.

Mutual consent is sufficient grounds for ending your marriage,under Israeli law, and a joint application to do so can be filed, in Israel, via an experienced lawyer in Israel, specialising in mixed- marriage divorces. All the relevant documentation can be signed abroad, either at your nearest Israeli Consulates, or before a notary, with the appropriate authorisation , including special powers of attorney and a  professionally-drafted dissolution of marriage agreement. A bureaucratic legal procedure is involved regarding your religious affiliation, but the family court in Israel has jurisdiction to dissolve a civil marriage between an Israeli citizen and a foreigner , of different religious affiliations, that took place abroad.

Our law practice has successfully obtained divorces for many couples in similar situations , over the years.

I am a Ghanian Christian, married to a Jewish Israeli woman ( civil wedding in Cyprus) who lives in Israel. We separated and I left Israel. We don't have any children. She wants a divorce. I agree to divorce but don't want to travel to Israel. Is this possible?

Yes! Our legal practice can draft a dissolution of marriage (civil divorce) agreement in English and Hebrew and represent you in proceedings to end your marriage at the family court, should you provide us with a properly authorised power of attorney.Under Israeli law mutual consent is sufficient grounds for ending a marriage between couples of different religious affiliations.

Yes, since new legislation came into force in September 2010,  a civil union, or "spousal covenant" is possible under Israeli law, but in a very restricted form, under specific circumstances, to  residents or citizens of Israel only, where neither of them has a registered religion.The Act on Spousal Covenant For Persons Having No Religious Affiliation (2010) allows such covenants to be listed on a register.

Civil marriage still does not exist within Israel, under Israeli law. Civil marriage outside of Israel is still the only option for couples of different religions or where one side has a registered religion.

 

No! As Israeli citizens and residents you are subject to Israeli law which adopts Jewish religious law. You need a 'doubting get' or religious divorce from the Rabbinical Court in Israel,even though you married in a civil ceremony abroad, in order to be regarded as 'free' to marry again, in Israel, or abroad.
 

By consenting to end the marriage, in writing,and, signing, a professionally drafted agreement concerning the dissolution of your marriage,which can be authorised by the family court in Israel,after your husband has also signed it.  You also need to sign a special, appropriate power of attorney allowing a lawyer to represent you,in Israel, during the proceedings,should you wish to return abroad meanwhile. You may also have to co-operate regarding the provision of information concerning your religious affiliation,as a technicality,depending on whether you belong to a religion recognised in Israel.

Mutual consent is sufficient grounds under Israeli law for ending a marriage between people of different religious affiliations,even if they married abroad,and one of them is a non-Israeli. Under Cypriot law foreigners who married in Cyprus must live over there for three months for a court in Cyprus to have jurisdiciton to deal with ending their marriage. Thus it is far easier and convenient for you to divorce via the Israeli legal system,but it is advisable to be represented by a specialist lawyer/attorney,in Israel, experienced at handling such cases.

In Israel - by the civil process of dissolution of marriage. Where non-Cypriot nationals get married in a civil wedding in Cyprus, but they do not actuallly live there, the family court there will not gain jurisdiction over proceedings to end the marriage as the residency requirements are not met. Accordingly, if one or both of you live in Israel, you can end your marriage in Israel, even though you married in Cyprus, and very quickly, too, if there is mutual consent. Otherwise, if the divorce is contested, you will need to prove grounds under Cypriot divorce law, and provide a legal opinion of an expert on this, within the dissolution of marriage proceedings that take place in Israel.

Yes! Where there is mutual consent , a civil marriage entered into overseas, involving an Israeli citizen and a foreign national of a different religion, like yours, can be ended by a process of dissolution of marriage in Israel , even if the non-Israeli spouse is abroad. Clearly, before you separate, it would be easier to organise the appropriate written consent and  power of attorney from your wife, authorised in the correct manner overseas, to enable the legal process to be managed correctly from Israel. If  handled correctly, from the procedural viewpoint, the process can even be started off in Israel, by counsel you apppoint , while you are still in India. It may be possible for you to remain overseas, if you would prefer to do so, and for the civil divorce process to be managed and even completed in Israel without you having to return.

You can then deal with recognition of the Israeli divorce judgment  abroad to complete the cycle.

Yes, the Hebrew judgment will need to be translated from Hebrew into the relevant language, and notarized, and possibly an "Apostille" authorization obtained, depending on the country involved, but in principle an Israeli divorce law ruling should be valid and can be recognized abroad , providing the appropriate procedure is followed.

A family (civil ) court in Israel, as what counts is your religious affiliation at the time when you got married. You were Christian then, and not Moslem. The Sha'ari (Moslem religious) Court only has jurisdiction over divorce where both parties were Moslems at the time they married. Had you converted to Islam before you married, you could not apply to end your marriage through the civil divorce process, and the Israeli civil court system, but would be bound to Islamic religious law, and the Sha'ari (Moslem Religious) Court.

Yes - by the Dissolution of Marriage process.

You must file an application to dissolve your marriage at the family court. The vice-president will decide which court has jurisdiction to end your union – most probably the family court, after consulting and obtaining the legal opinions of any relevant religious courts involved (e.g. rabbinical court for you, and possibly another religious court, depending on your whether spouse's religious affiliation is recognised in Israel).

Yes ! As part of the dissolution of marriage process you can apply to serve her with all documents in the proceedings at her relative's address in the Ukraine. If she co-operates, the process is simplified, as mutual consent is sufficient grounds for ending a 'mixed' religious marriage. If she does not consent, you will have to prove grounds, according to the divorce laws wherever you got married abroad.

You can get a civil divorce (known as 'Dissolution of Marriage') in Israel, without travelling abroad. If your husband agrees to divorce, the process is straightforward, but if he objects, you will have to prove grounds for divorce, under the laws of the country where you married.

You can get a civil divorce in Israel, without any need to travel to Cyprus. Under the dissolution of marriage process governing mixed religious marriages under Israeli law mutual consent is sufficient grounds to end your marriage. If your wife does not agree to divorce, you will have to prove that you are entitled to dissolve your marriage, under Cypriot divorce law, but you can still do this in Israel, by presenting the legal opinion of an 'expert' on this.

This depends on the particular religious affiliation of each spouse in the 'mixed' marriage union, and the degree of co-operation between them. The longest dissolution of marriage cases are those involving one Roman Catholic spouse (where baptism certificates are required and often difficult to obtain). The shortest are those where one or both spouses have with no registered religion or are affiliated to a religion which is not recognized in Israel and has no recognized religious court (e.g. Anglican Christian) and they agree to divorce – the process can take just a few months.

If they both agree to end their marriage,then Israeli law, as mutual consent is sufficient grounds to dissolve their union, under Israeli law. If one party objects, then the laws of the place where they married apply, and grounds will have to be proved according to the relevant foreign law, even though the proceedings actually take place in Israel.

Yes!

No ! Even though you did not get married according to Jewish law, paradoxically you must end your marriage according to it, and exclusive jurisdiction to end your marriage lies with the rabbinical court here, where you need to get a special kind of religious divorce known as a 'Get mSefek' ('doubting divorce').