Civil Union in Israel: The Covenant of Couplehood for People Without Religion

The civil union in Israel for people without a religion, known as the Covenant of Couplehood, allows partners who do not belong to any religious community to formalize their relationship in Israel without traveling abroad. The Covenant of Couplehood for Persons Without Religion Law of 2010 sets it out. It is available only when the Population Registry lists both partners as having no religion. So it is not a solution for Jewish couples or for mixed couples. In this article I explain who is eligible, how the process works and what it means. General information, not legal advice.

Who is eligible

Under section 2 of the law, a couple may enter a covenant of couplehood and join the couplehood registry if they meet all of these conditions:

• Both are at least eighteen years old.
• Both are residents of Israel. Under the law, this means someone who lived in Israel for three of the five years before the application and is a citizen, an oleh or a permanent resident.
• Both are registered in the Population Registry as having no religion.
• They are not relatives.
• They are not married to each other, and neither is married to someone else or registered as the partner of someone else.

It is important to know that the law defines “a couple” as a man and a woman. And a person without religion, under the law, is someone who is not Jewish, Muslim, Druze or a member of a Christian community.

Who it does not suit

Because the law requires both partners to be without religion, it does not solve the situation of most couples who cannot or do not want to marry through the Rabbinate:

• A Jewish couple: marriage and divorce of Jews in Israel fall under the jurisdiction of the rabbinical court, so this route is not open to them.
• A mixed couple: if one partner is Jewish and the other has no religion, the route does not apply, since both must be without religion.
• A same sex couple: the law is limited to a man and a woman.

Such couples have other options, such as a civil marriage abroad and its registration in Israel. You can read about them on the alternatives to marriage through the Rabbinate page. You can also read about how common law couples are recognized in Israel.

How the process works

• Submitting an application: the couple apply to the couplehood registrar, whom the Minister of Justice appoints. They attach an affidavit that they meet the conditions.
• Review and publication: the registrar checks the Population Registry details. If the couple meet the conditions, the registrar publishes a public notice and sends a copy to the heads of the religious courts.
• Time for objections: anyone may object within thirty days of publication, claiming that the couple do not meet a condition. The head of a religious court may also refer the matter to that court if he believes one of the partners belongs to a religious community.
• Signing before the registrar: if no objection was filed, or it was rejected, the couple appear before the registrar, who explains the meaning of the covenant. They sign, and the registrar certifies the agreement.
• Registration: the registrar records the couple in the couplehood registry, and sends a copy to the Population Registry.

What it means legally

Under section 13 of the law, a couple registered in the couplehood registry are, as a rule, treated like a married couple. The Property Relations Law applies to them, and a property agreement can be certified before the couplehood registrar. There are exceptions: the provisions of the Citizenship Law, the Law of Return and the Entry into Israel Law that apply to married couples do not apply to partners in a covenant of couplehood. And the Adoption of Children Law and the Surrogacy Agreements Law apply to them only after eighteen months from registration.

Ending a covenant of couplehood

The law also regulates how the covenant ends. If both partners agree, they apply to the registrar, make a declaration before him, and he removes them from the registry. If there is no agreement, a partner who wants to end the covenant applies to the family court for dispute resolution. Without a settlement within six months, and if that partner states they want the dissolution, the court may dissolve the covenant. All matters under the law are within the jurisdiction of the family court.

What about a ceremony?

A covenant of couplehood is a legal procedure before a registrar. It has no festive ceremony, and the law does not set one. Many couples still want a moment of celebration in front of family and friends, with personal words and a mutual commitment. A personal secular ceremony alongside the legal procedure can give that moment its meaning. For general information about the legal situation of marriage in Israel, see the legal situation page.

Frequently Asked Questions

Can Jews register a covenant of couplehood?

No. The law is for couples who are both registered as having no religion, and under the law that means someone who is not Jewish, Muslim, Druze or a member of a Christian community.

Can a mixed couple use this route?

No, because both partners must be without religion. Mixed couples have other options, such as a civil marriage abroad.

Is a civil union in Israel equal to marriage?

As a rule, the law treats the partners like a married couple, with exceptions regarding citizenship and entry into Israel, and regarding adoption and surrogacy during the first eighteen months.

Can someone object to the registration?

Yes. Anyone may object within thirty days of publication, claiming the couple do not meet a condition. The registrar examines the objection and decides.

How does a covenant of couplehood end?

By agreement, through an application to the registrar. Without agreement, through an application to the family court.

In Summary

The covenant of couplehood for people without religion is an important route, but a narrow one: it fits only a man and a woman who are both registered as having no religion and are residents of Israel. Other couples have other ways to formalize their relationship. General information, not legal advice, and in any specific case consult a lawyer. If you would like to celebrate your partnership with a personal ceremony, I would be glad to schedule an introductory call.