Civil Marriage

What is civil marriage?

There are many couples who prefer not to marry through the Rabbinate, despite their competence according to the Jewish law, if by way of the lives and values ​​or because of the discomfort they feel toward the rabbinate. In contrast, some couples are not allowed to marry in the Jewish religion ("are forbidden to marry"), such as Cohen and a divorcee, Cohen and a convert, and more. This is the only option for them.

Why not in Israel?

Under Israeli law, marriages and divorces of Jews are under the exclusive jurisdiction of rabbinical courts (Jurisdiction of the rabbinical courts - marriage and divorce 1953). Thus Jewish couples can not marry in Israel in any other way other than through the rabbinate. Marriage contract signed by a lawyer does not count the couple as legally married. There has been a beginning of a way to change the current situation in which couples can also marry in a civil wedding through foreign embassies, but as for now, it is only for couples that they are forbidden to marry according to the rabbinate, and the arrangement works only through the Russian embassy.

How can such a couple  register in Israel?

Couple married in civil ceremonies abroad are recognized in the country by the Interior Ministry as a married couple. That by virtue of international agreements signed by the Israeli government, and under the court's ruling, which means it changes the personal status of the couple registered in their ID cards and prescribed in the population. Thus they become married in terms of all rights (primarily the possibility of obtaining a mortgage).

How will it affect the children?

It is important to emphasize that the status of children regarding their national affinity and religion is determined by the mother, so if born to a Jewish mother they are recorded as Jews prescribed in the population. There is no concern of any problems with the children because the parents were married in a civil ceremony. These arise by law in different conditions and circumstances (for example, offspring of a married woman to a different husband) Therefore, the object of civil marriage has no impact on the couple's children and they are considered children of legal status in each child's status and in the future they could marry in the rabbinate.

Where is the Jewish character?

Jewish religious ceremony will be conducted by Rabbi David Mordecai, who along with the couple will build the Jewish ceremony. The ceremony will be a Liberal religious ceremony and will be conducted in a refreshing way. The couple will choose or write the ketubah as they would like and the ceremony will combine traditional and modern elements in a fresh and more appropriate way for modern Jews.

And what will happen in case of divorce?

Unfortunately, the divorce still has to be done in a rabbinate court. The State of Israel has committed to recognize civil marriage, but no one requires it to recognize civil divorce. Accordingly, spouses of Jews seeking a divorce will need the rabbinical court for it. You can also get a divorce abroad by foreign law, but generally the procedure is complicated and difficulties may arise when you register.

In the Jewish Halacha there are different approaches to the question of the validity of civil marriage and non-Orthodox Kiddushin: Some consider them "certainly Kiddushin" and require a divorce for the benefit of the doubt, and some deprive them of any validity and allow the couple to marry without a divorce. Each case will be discussed according to the circumstances. In any way,  it should be emphasized that the dissolution of the marriage would not be more difficult to have, and in many cases it may be even simpler and faster. As it is not possible to determine what would be the decision of the rabbinical court, if a couple desires to ensure the mutual rights (alimony, property, etc.) and to prevent potential future problems it is recommended that an agreement will be made and will protect those rights for a rainy day.

How much does it cost?
Travel companies charge around $ 1,000 for three days off in five-star hotel, Spa, swimming pools, a gym, an English-style breakfast, and besides, by the way, even "getting married". The expensive components are: the flight and stay abroad, payment to those who manage the ceremony abroad, including the fees and cost of editing the ceremony $ 220 (Cyprus).

Where do we get married?

Cyprus

Conducted by an official marriage registration in the cities of Limassol, Nicosia and Larnaca. Requires a short stay of several days in Cyprus. Please bring a summary document listing Israeli Interior Ministry including recent personal family status translated to English by a notary.

Other countries

Civil marriages can be held in other countries in accordance to the law of the country where the ceremony takes place. Details are available in the diplomatic and consular offices of those countries in Israel. Common targets are the U.S. and Italy - where you can get married after spending only two days. Most other countries require a stay of at least two weeks before the wedding. In France and the Netherlands, at least one spouse must be a citizen of the state.

Prenup

In addition to civil marriage it is recommended to make a financial agreement between the spouses. There is non-clarity about whether those obligations and rights (property, taxis and others) are created between partners in their civil marriage. Therefore, in addition to conducting the service, there should be also a legal agreement, regulates the rights and obligations in these matters between the  couple. This agreement is presented to the approval of the district court in the country, in a time close to the civil marriage.

Ketubah

An example of a liberal ketubah can be found in the referenced site, showing the address of Rabbi David Mordecai's website. This site shows ten examples of appropriate liberal texts that suit such a wedding. Link to the website

A practical guide in steps (only to get an impression)

Convenient route and more expensive - Do it yourself:

1. you should prepare a prenuptial agreement.
2. Select where you want to get married
3. Equipped with the necessary documents and their translation, with the approval of a notary (marriage in Cyprus requires English translation). Proof of you being currently single (out of the population registry) divorce certificate \ death certificate (widows or widowers)
4. fly (or sail?) at your destination abroad. Cyprus: go to one of the municipalities, present the translated documents and go to get married at the time you will set (usually after a day or two)
5. You're married. Congratulations! (You get the marriage certificate of official policy)
6. Return to Israel and visit the Interior Ministry. Present the certificates, and sign as a married couple.
7. Conduct another service if you wish.

Marriage contract instead of marrying

Marriage contract, marriage and friendship treaty or an agreement for coexistence are all alternative names for a legal and binding document, in which the couple declares about the relationship between them, creating a common set of mutual rights and obligations. This is a contract with legal effect, which determines the couple relationship as partners to establish a family unit and the conditions for allowing the relationship between them. The couple are not recognized by the Interior Ministry as married and therefore do not need a divorce, if and when they want to stop the connection between them, they usually don't have to deal with rabbinic courts. However, they are entitled to most rights as married couples.

(www.hofesh.org.il)