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Legal State
Reform marriage according to the law in Israel
The couple's status according to the branches of government and private entities relates to the couple's status when it comes to Social Security, Health Fund, the Housing Ministry, tax authorities and alike. The status of a "married couple" often determines different rights than the rights of individuals, such as mortgages, tax breaks etc. However many duties are imposed on couples compared with individuals such as the consolidated income tax calculations, pensions, unemployment insurance and the like. For recognizing the status as a married couple, these institutions are required to register the couple at the Interior Ministry population registry. These institutions and authorities are not interested in the form of marriage and the exact legal status of spouses, and they are satisfied with the registry of personal status "married" in the identification card from the Ministry of Interior.
In the current legal situation, and as long as Israel has given the sole authority in matters of marriage to the Orthodox law system, it seems like the civil system will not recognize the civil marriage ceremony of Jewish spouses as a system of rights and obligations. We recommend adding a civil marriage ceremony abroad, along with the wedding ceremony in Israel. A ceremony based on a valid marriage certificate from abroad will register the couple as married. The Interior Ministry tends to accept these certificates as confirmation for registration.
It should be emphasized that in cases of marriage engines, such as Cohen and a divorcee, etc., the Supreme Court allows them to be recognized in a private marriage ceremony, held outside the Orthodox rabbinate, without resorting to a civil marriage abroad
The status of the marriage for personal status issues
The need for recognition may occur if the marriage reveales differences between the couple and they will go to court to divorce and / or for the fulfillment of rights arising from marriage. The intention isReform marriage according to the law in Israel
The couple's status according to the branches of government and private entities relates to the couple's status when it comes to Social Security, Health Fund, the Housing Ministry, tax authorities and alike. The status of a "married couple" often determines different rights than the rights of individuals, such as mortgages, tax breaks etc. However many duties are imposed on couples compared with individuals such as the consolidated income tax calculations, pensions, unemployment insurance and the like. For recognizing the status as a married couple, these institutions are required to register the couple at the Interior Ministry population registry. These institutions and authorities are not interested in the form of marriage and the exact legal status of spouses, and they are satisfied with the registry of personal status "married" in the identification card from the Ministry of Interior.
In the current legal situation, and as long as Israel has given the sole authority in matters of marriage to the Orthodox law system, it seems like the civil system will not recognize the civil marriage ceremony of Jewish spouses as a system of rights and obligations. We recommend adding a civil marriage ceremony abroad, along with the wedding ceremony in Israel. A ceremony based on a valid marriage certificate from abroad will register the couple as married. The Interior Ministry tends to accept these certificates as confirmation for registration.
It should be emphasized that in cases of marriage engines, such as Cohen and a divorcee, etc., the Supreme Court allows them to be recognized in a private marriage ceremony, held outside the Orthodox rabbinate, without resorting to a civil marriage abroad
The status of the marriage for personal status issues
The first and foremost the rights of alimony, rights of common property and so on (rights related to children will be discussed below). The authority to determine the validity of the marriage for these issues is devoted to the rabbinical court and to the family court. To determine the mutual rights between spouses they are required to determine on the question of validity of marriage. Rabbinical court, of course, will not recognize the marriage as valid. Although the service combines existing religious elements like have witnessed, have a ring, a statement, and blessing there are fundamental differences that prevent recognition of the validity of the marriage. First, the conductor of the marriage ceremony is not the known by them. Secondly, there are several changes and additions to the ceremony (the bride's statement, both the man and the woman giving a ring, modern ketubah, etc.). We can assume that the Court avoids recognizing these marriages as valid and will determine that such marriages do not grant rights in relations between spouses. Rabbinical court may not recognize the granting civil marriage rights.
The lack of recognition might prove to be a considerable advantage in comparison to the traditional marriage due to the position of domestic law regarding to the disqualification of that marriage. The court obligates the couple to divorce and indicates that is they will not agree to divorce the marriage will be announced as canceled. In such a situation, as long as matters of personal status are in the hands of the family court the couple could almost completely avoid the need to debate in the rabbinical court. When the marriage is in doubt, the discussions are faster and don't last many years. Canceling the marriage is easier and the wife avoids the positional problem of the husband not giving her divorce.
Alternative marriage in the eyes of the family court
The validity of the alternative ceremony held in Israel has not yet been discussed in the family court, however, the court did not recognize the validity of a private marriage ceremony when both sides could have marry through the rabbinate. Furthermore, the Supreme Court refused to intervene in the decision of the Rabbinical Seminary to not allow progressive rabbis to conduct wedding ceremonies. The family Court tends to attach importance to the question of validity of the civil marriage ceremony abroad, but there is still no decision in the matter since there is controversy among scholars of law about the subject. To try and overcome the non-clarity and doubts about the alternative marriages, we recommend to couples who marry to make their prenuptial agreement. This is an agreement regulating the rights and obligations between them, including child support, property division, a residence and other matters. It's worth remembering that a reasonable court would see the spouses common-law status that grants certain rights to personal status matters but not all of them.
Divorce in alternative marriage
Even if the family does not grant rights and recognizes the marriage, the couple will still have to divorce in the rabbinical court. However, there is a considerable advantage for those who married in an alternative way in comparison to those who married in the traditional way - where often arise difficulties and delays in the divorce settlement and hence the tragic phenomenon of thousands of delayed divorces in Israel. If the couples want a divorce, chances are that the court determines that the marriage was not valid and the couple must divorce only because of aggravating matter. These procedures are often accelerated and require almost no discussion in court. Moreover, in these cases the courts tend to require the dissolution of marriage - the agreement of each partner does not require consensus among them on the question of divorce, or proving grounds.
Moreover, even in severe cases there is no significant concern for refusal of the man to give the woman divorce. Similarly the woman avoids the problem of "yeiboom" and extraction. Remember that even if the couple divorce in court if they will sign a Prenuptial agreement it will be a lot easier to manage all their discussions about the property and alimony in a civilian court. If no agreement between them will be signed that will have far reaching problems on the rights of the parties. Exact explanation for the division of powers will be explained below.
The marriage legitimacy in other countries
Matters of personal status are different in each country and are determined according to the laws taking in consideration the bi - national court laws. It is likely to assume that the country's decision will be based upon the registration of the population in Israel in which the couple, as mentioned, will be listed as married. A couple that thinks about immigration or long term stay in a foreign country will do well if they contact the embassy and representatives of the foreign state and straighten out their rights, as well as the recognition of personal status that is acquired in a foreign country, these details also give the foreign embassy or foreign Commission.