This section deals with options for marrying abroad, and focuses on issues of subsequent recognition and registration of such marriages in Israel.
Question:
What are the civil marriage options available to couples outside of Israel ?
Answer:
Cyprus is probably the nearest , fastest and cheapest option for a couple seeking to marry abroad in a civil ceremony. Both parties need to attend and a stay of a few days only is needed. Certain Israeli travel agencies specialize in civil wedding packages to Cyprus which make it a relatively quick and cheap option.
If you or your intended have dual citizenship, a popular option is to an marry in a civil ceremony at the registry office near to his/her family’s home, abroad, provided that you comply with any residency requirements . This is often a preferred option where one party has British citizenship, for example.
Paraguay is an option where one party has a problem with their status in Israel and is worried about whether he/she would be allowed back into Israel again, if he/she gets married abroad and tries to re-enter. This is because civil marriage is possible in Paraguay , without both parties. Only one party has to travel and be physically present at the ceremony – the other can just sign a power of attorney and can remain in Israel. Previously, the Ministry of the Interior was willing to register “proxy” marriages where both parties would remain in Israel and sign powers of attorney for lawyers in South America to act for them. A few years ago the ministry ceased to recognise such “proxy “ marriages where neither side was present. This is because although the law in Paraguay permits marriage between people who are not citizens or residents of the country, it does require the physical presence of at least one of the parties .
Question :
I know of several couples who married by going to a lawyer in Israel who sent off all the documentation to South America and then presented them with a marriage certificate. My girlfriend who is an immigrant from the Ukraine and I are thinking of marrying this way. She has no recorded religion (being born to a mother who also had no recorded religion and a Jewish father). Is this postal marriage legal ?
Answer.
No, in the past it was possible for two residents of Israel to sign powers of attorney which were forwarded to South America, with lawyers representing them proceeding with the proxy marriages. Such ceremonies were recognised by the Ministry of the Interior which recorded them in the parties identity cards.
This procedure was stopped a few years ago .It became apparent for example that regarding Paraguay the procedure was improper as the physical presence of one of the parties was required. Now, the Ministry of the Interior will only register marriages performed in Paraguay if one of the Israeli parties is physically present. The other one can give a power of attorney. Because of cost and increased time involved, many couples in your position prefer the option of civil marriage in Cyprus.
After hearing some scary media reports about Paraguayian postal marriages being invalid, I am very worried that I might not be married after all. My husband and I arranged a proxy marriage in Paraguay through an Israeli lawyer in the 1990’s. We both remained in Israel and the documents were sent abroad . Our marriage was registered at the ministry of the interior here. Might we not be married after all ?
Unless at least one party travels to Paraguay to the civil marriage ceremony and the marriage is registered in the place in which it is held , it is not valid according to Paraguayian law. Accordingly, even if it is registered at the Ministry of Interior in Israel,this does not indicate anything about its validity.
These points were stressed by Tel Aviv Family Court in March 2004 when it rejected a plea by a “wife” for the dissolution of her marriage. The couple were “married” in a civil wedding ceremony in Paraguay arranged through a lawyer in Israel. Neither of them travelled to Paraguay for the ceremony and the marriage was not registered locally, although the couple did receive a wedding certificate. The “husband” argued that the wife’s plea should be rejected as the marriage was invalid according to Paraguayian law in the first place. The court agreed and ordered the cancellation of the parties’ registration as a married couple at the Ministry of Interior .
Will the Ministry of Interior in Israel register a civil marriage ceremony in Paraguay ?
If the Ministry of Interior is satisfied that at least one party travelled to Paraguay to attend the civil marriage ceremony and the marriage was registered in the place in which it is held , then it will register it.
Since the 1st of January 2002 the Ministry of Interior has put into practice the policy of checking to see whether one party did actually appear at the ceremony – as Paraguayian law requires. Until September 2001 the Ministry of Interior was unaware that at least one party had to be physically present and registered many thousands of Paraguayian marriages arranged through the post in Paraguay from Israel.
Tel Aviv Family Court stressed these points in a judgment in March 2004 when it accepted a “husband’s” claim that his “wife’s” dissolution of marriage claim should be rejected because their “marriage” in Paraguay was invalid anyway as neither of them had travelled there for the ceremony and it had not been registered locally there, as the marriage laws in Paraguay require. It ordered the Ministry of Interior to cancel the registration of the couple as being “married” to one another.
My boyfriend works for an Israeli construction company and has just been offered a posting that would involve working in several African countries over the next few years. I want to join him . We are thinking of getting married out there. Will we be able to register the marriage at the Ministry of Israel when we return ?
Whether it is possible for two foreign citizens to marry in a civil ceremony in the particular African country depends on whether civil marriage exists there and , if so, whether under the particular laws of marriage there this is permissible where neither the man or the woman are citizens of that country. It may be possible that living in that country for a certain period of time qualifies one to marry in a civil ceremony there. If, under the local laws of marriage there , both parties have capacity to marry , and the marriage is carried out according to law, it should be possible to register it at the Ministry of the Interior in Israel, providing the necessary documentation complies with the latter’s criteria. If, however, there is trouble regarding this, it is possible to petition to the Supreme Court of Justice to order the Minister of Interior to register the marriage.
Where can an Israeli Druze citizen and a tourist marry in a civil ceremony ?
Not in Israel , but if the tourist , like the Druze Israeli citizen, has free exit and entry into Israel, then they can travel abroad and get married in a civil ceremony there and return to Israel and register the marriage at the Ministry of Interior. If, however, the tourist , for some reason, is in Israel without the appropriate visa and does not have free entry back into Israel, the citizen can travel to Paraguay with appropriate documents after the necessary arrangements have been made, and a civil marriage ceremony can be conducted there, with the other one remaining in Israel. As long as one party is physically present at the ceremony and all the other procedural requirements are met, and the marriage is valid under Paraguayan law, then it can be registered at the Ministry of Interior in Israel.
Can an Israeli citizen marry a Philippine national in a civil ceremony in the Philippines ?
Answer :
Yes ! This is possible under Philippine law . If the correct procedure is adhered to in the Philippines , and the marriage is valid there , it can be registered at the Israeli Interior Ministry.
I married a foreign resident in a civil marriage abroad and returned to Israel with her as my wife. She entered the country on a tourist visa. I changed my status to “married” at the Ministry of Interior but my wife was not given permission to stay. I do not want to live abroad. Is there any way to either get permission for her to remain in Israel, or for me to divorce her here, because she cannot live with me ?
Firstly, an option exists for fighting the Ministry of Interior’s refusal to give her residency status – petitioning to the Supreme Court of Justice. Secondly, an option exists for a civil divorce here,by the process of dissolution of marriage. This can be done even if one spouse is outside of Israel – by signing an affidavit consenting to dissolve the marriage and a power of attorney to a lawyer regarding this. Mutual consent is a ground for divorce and can be granted without the presence of the parties provided all the necessary documentation has been provided.
I married a non-Jewish foreigner in a civil marriage abroad. I changed my status to “married” at the Ministry of Interior but she was refused permission to live here. She went back to her home country. Am I still “married” in the eyes of Israeli law, and if so, can I end my marriage from Israel without travelling abroad ?
Yes ! The fact that a person cannot realize his status as a married person because his spouse is refused permission to live in Israel does not in itself mean that the marriage has ended. The husband can initiate and complete civil divorce proceedings (dissolution of marriage ) from Israel, without leaving the country. Once he has obtained a divorce judgment, he can apply to the ministry of interior to change his status from ‘married’ to ‘divorced’.
Can a Lesbian or Homosexual couple who marry abroad get their marriage registered at the Israeli Ministry of Interior ?
Yes, since the precedent setting ruling of the Israeli Supreme Court of Justice in November 2006, a single sex marriage between Israeli residents performed abroad in a ceremony conducted and recognized according to law can be registered at the Ministry of Interior , upon suitable documentary proof. By a majority of 6:1 the Supreme Court of Justice ruled in favour of the petition by five homosexual couples who had married in Toronto according to Canadian law which permits single sex unions. They had petitioned against the refusal of the Ministry of Interior to register the unions, after being presented with original marriage certificates.
The Ministry of the Interior had argued that as single-sex marriages were not valid in Israel, no change in personal status could be registered as a result of them. Rejecting this argument, the Supreme Court of Justice ruled that the unions could be registered for statistical purposes only. It stressed that it was not dealing with the issue of whether such unions were valid under Israeli law, but was relating to the matter at the level of registration only , for statistical purposes. The homo-Lesbian community , however, regard the ruling as a milestone on the way to full recognition of their rights/cause.
Can a Jewish woman who is now divorced from her second husband marry her first husband again, according to Jewish law ?
Not according to Jewish law, but she can do so in a civil wedding abroad. Jewish law forbids the remarriage of a Jewish woman to her first husband, after she divorced him, remarried and then divorced her second husband. Such a remarriage is not prohibited under civil law.
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