Common Law Marriage in Israel: How Recognition Works

“We want a chuppah, but not through the Rabbinate. So what is our status?” I hear this question in almost every introductory call. Some couples will also choose a civil marriage, and some will live together as what Israelis call yeduim batzibur, “known in public” as a couple. In English this is usually described as common law marriage in Israel, although the Israeli concept works differently from common law marriage in some other countries. In this article I explain what the official sources say about the process, who examines the status and which documents are requested.

I am a rabbi and an attorney. This is general information, not legal advice.

Who counts as a common law couple?

The National Insurance Institute (Bituach Leumi) defines it in Hebrew as follows: “ידועים בציבור הם בני זוג המנהלים משק בית משותף כתוצאה מחיי משפחה ומערכת יחסים אינטימית, קשירת גורל ורצון לחיות יחדיו, לא מתוך צורך אישי, נוחות או כדאיות כלכלית.” In my translation: common law partners are a couple who run a joint household as a result of family life and an intimate relationship, a shared destiny and a wish to live together, and not out of personal need, convenience or financial advantage. Source (in Hebrew): National Insurance Institute: common law partners.

Notice the words “joint household” and “shared destiny”. This is not a form you sign once. It is a reality of shared life that a public body examines.

Is there a “common law certificate”?

Many people look for one certificate. In the official sources I checked, I did not find a single certificate that is valid for every purpose. What I did find is that each body examines the status for its own needs and in its own way. Two examples:

• The National Insurance Institute examines the status through a questionnaire, for the purpose of duties and rights at National Insurance.
• The Ministry of Construction and Housing uses a form titled “declaration of a couple that they are common law partners, for an application for housing assistance”.

So it is always worth asking: before which body do we need to prove our status, and for what purpose?

The process at National Insurance

According to the National Insurance website, to be recognized there as common law partners you send a common law questionnaire with supporting documents to the insurance and collection department at the branch nearest your home, or through the website. According to the same page, National Insurance may also examine the status on its own initiative when it has information suggesting that a couple lives together and runs a joint household.

The questionnaire service page explains that the status may affect National Insurance and health insurance contributions, and eligibility for benefits. According to National Insurance, couples it has recognized as common law partners are treated there as married, for both duties and rights. If your status changes, you declare it in writing at the branch. Source (in Hebrew): gov.il: common law partners questionnaire.

Which documents are requested?

The list of documents on the questionnaire service page includes, among others:

• Confirmation of jointly owned property.
• A prenuptial (property) agreement or a will.
• Confirmations of household expenses at your home address.
• Evidence of occasions when you appeared in public together as a couple.
• Confirmation of receiving a benefit from a public body.
• Confirmation of a legal proceeding in court.
• Written affidavits from people who can testify that you run a joint household.

Note that a property agreement appears on the list. I wrote about agreements between partners who live together in cohabitation agreement in Israel.

Another example: housing assistance

On the Ministry of Construction and Housing form, the couple declares that they have run a joint household since a certain date and that they live together at a certain address. A lawyer also signs the declaration, confirming that the signatories identified themselves and signed after its content was explained to them. The form states that the Ministry carries out verification checks from time to time through an investigations company. Source (in Hebrew): Ministry of Construction and Housing common law declaration (PDF).

And a Reform chuppah?

I want to be straight with you. A chuppah I officiate is a real and moving Jewish ceremony, but it is not registered by the Interior Ministry and does not create a legal status on its own. It also does not appear on the official National Insurance list of documents. Common law status is examined according to your shared life itself, and each body has its own rules.

What the chuppah does give you is a moment of covenant, in front of family and friends, in the wording that fits you. And if you also want a registered status, you can combine the chuppah with a civil marriage. I write about the differences between the paths on the page common law spouses: a full alternative?, and about the civil options on the page alternatives to marrying through the Rabbinate.

What to do in practice

• Check before which body you need to prove your status, and ask for its form.
• Keep documents that show shared life: a joint address, household expenses, jointly owned property.
• Consider a property agreement or a will with a lawyer. It is good for you in any case, and it also appears on the documents list.
• If you have questions about rights, inheritance or children, consult a lawyer who specializes in family law.

General information, not legal advice. Official pages are updated, so check their current version before you apply.

Let’s talk

If you are building a home together and want to celebrate it under a chuppah, I would love to hear from you and schedule an introductory call.