Marriage – Options in Israel

Question:

What are the civil marriage options open for Israelis in Israel ?

Answer:

Non-existent ! Civil marriage does not exist in Israel at present. The options lie abroad. These marriages are recognised by the Ministry of the Interior and can be registered there, so that the word “married” appears on your identity card, if you take your marriage certificate there for registration.

In recent years there have been many attempts to change the law and introduce civil marriage in Israel, but so far nothing concrete has resulted.

Question:

My husband and I are both Jewish but married in a civil ceremony abroad . We did not register the marriage at the Ministry of Interior. We have decided to split up. Do we need to do anything in Israel so that we are free to marry anyone else under Israeli law ?

Answer:

Yes. Even though you choose not to have a Jewish religious wedding, if you want to be legally entitled to marry again according to Israeli – and in your case, Jewish religious law – you will need to get a ‘get’ from the rabbinical court. This is to erase any doubt about ‘dedication’ (‘kiddushin’). Otherwise, if you do not have a ‘get’ and you have a child with another Jew, then, under Jewish law that child would likely to be regarded as a bastard (‘Mamzer’), if , in Jewish law, you had not obtained a ‘get’ , and were regarded as ‘married’ by the rabbinical court ( because you had been ‘dedicated’ by your husband). Furthermore, there is the need to formally end your marriage, so as to avoid complications of bigamy, should you wish to marry in the future.

Question:

Are witnesses vital to a Jewish marriage ceremony ?

Answer:

Yes. Without two witnesses with full legal capacity under Jewish law the dedication and marriage ceremony is void ab initio (from the beginning). Their presence is an essential part of the ceremony and gives it legal value. Without it the marriage is not legally valid.

Question:

Is a marriage conducted according to Jewish law involving a homosexual man and a heterosexual woman valid ?

Answer:

Yes, the validity of the marriage depends on the legal capacity of the parties to marry, rather than their sexual tendencies, and if the ceremony was carried out properly according to Jewish law, then the union will be legally valid.

Question:

Can a lesbian or homosexual couple get married according to Israeli law in Israel ?

Answer:

No. Lesbian or homosexual marriage does not exist in Israel. It is possible for two Israeli lesbians or homosexuals to get married abroad, where the relevant foreign law permits marriage between parties of the same sex.  Furthermore, upon their return to Israel, this marriage can now be recognized , administratively, in Israel afterwards , following a November 2006 Israeli Supreme Court of Justice 6: 1 majority ruling. This  ordered the Ministry of Interior to register such foreign marriages, providing there is documentary proof that the ceremony was conducted and recognized according to  law, where it took place.

In any case,  a single sex  couple can make a family life agreement in Israel and have it authorized at a family court.

Question :

What is the minimum age for a bride under Israeli law ?

Answer:

In principle a prospective bride must be 17, according to the 1950 Marriage Age Act . However, there are two exceptions whereby the court has discretion to grant permission for a prospective bride below the age of 17 to marry. The first is where she has reached 16 and the court is satisfied that there are special reasons justifying her marrying before she reaches 17. The second reason is she is carrying the child of the man she wants to marry, or has already given birth to his child.

Question :

I am sixteen. My girlfriend is 18. I got her pregnant. We are in love and she wants the baby. We both want to get married but I have heard I am too young to get married. Is that true ?

Answer:

Yes and no ! According to the 1950 Marriage Age Act a prospective bridegroom should be 17 but a youth under this age can apply to the family court for permission to marry. If the youth is, however, Moslem, then religious law applies to him – see below.

Question:

What is the minimum age for marriage for Moslems living in Israel ?

Answer:

Prospective Moslem brides are subject to the civil Marriage Age Law of 1950. All females – including Moslems – must be at least 17 . Permission can be given for underage marriage by the family court according to the terms of the act which gives discretion where the female is underage as explained above.

Regarding prospective Moslem bridegrooms, however, personal status law applies – The Ottoman Law of Family Rights 1917 – which requires males to be at least 18.

Underage marriages are not invalidated but there are penalties for a non-compliant husband and those arranging and officiating the ceremony.

Question :

Our daughter is 16 and has been dating the same boy for several years. He is now 18.We have just discovered that our daughter is pregnant . She does not want to have an abortion and wants to marry her boyfriend. We object strongly, as she is very bright and has already achieved great academic prowess. We think having the baby and getting married at her age would ruin her future. Can she apply to get permission from the court to marry although we, her parents and guardians, object ?

Answer:

Yes, a young girl under the age of 17 can apply to the family court for permission to marry even if her parents object. The 1950 Marriage Age Act gives the court discretion to grant permission, with the main factor in its decision-making being the minor’s good. Within the framework of testing this the court will examine her emotional maturity and the support she is likely to get from family and other sources.

Question:

If preparations have already been made for a wedding is this likely to  increase the chances of a plea for permission to marry being successful ?

Answer:

No ! In November 2002 the Tel Aviv Family Court held  that booking a hall, sending out invitations and ordering a bride’s wedding dress should not influence the decision concerning permission to marry. It rejected an application for a girl who was entering her fourth month of pregnancy to marry her 19 year old childhood sweetheart just a month and a half before her 17th birthday ,to avoid ‘ the shame’ of her appearing on her wedding day while well into her pregnancy. The court rejected the application and held that given the girl’s immaturity ,the couple’s family background and the pressure she was under, it was not in her ‘good’ to marry early.

Question :

My daughter is 16 and pregnant. She and her boyfriend have been childhood sweethearts for several years. In her heart of hearts she wants to get married and have the baby rather than remaining single and having an abortion, but is overwhelmed at the thought of bringing legal proceedings. Her boyfriend wants to marry, too. Can I, as her mother, file for permission on her behalf ?

Answer:

Yes ! The Marriage Age Act of 1950 allows the parent or guardian of either the youth or the maiden to apply for permission to marry where one or both of them are ‘under age’, as an alternative to the young couple applying themselves.

For example in November 2002 the Tel Aviv Family Court passed judgment in connection with an application for permission for a pregnant 16 year old girl to marry her boyfriend a month and a half before her seventeenth birthday. The application was made by the girl’s mother, although the daughter co-operated once the file had been opened.

Question:

If a girl under the age of 17 applies for court permission to marry will her intended bridegroom’s ‘track record’ affect the plea’s chances of success ?

Answer:

Yes, definitely. In November 2002 the Tel Aviv Family Court refused permission for a 16 year old girl who was entering her fourth month of pregnancy to marry her childhood sweetheart just a month and a half before her 17th birthday . One of the factors weighing against permission, it said, was her 19 year old boyfriend’s background. He had dropped out of school, and drifted into drugs, although he had stopped taking them when his girlfriend fell pregnant and they decided to get married. He was only employed part-time, bringing in a low salary. Although he said that he had found full-time work that would pay an average wage, he did not substantiate this. Furthermore, he came from a ‘problematic family’ well-known to the local social services department.

Question:

Can a person whose Jewishness is in doubt marry according to Jewish law in Israel ?

Answer:

No ! That person must convert to the satisfaction of the rabbinate before having the capacity to marry in an Orthodox wedding ceremony according to Jewish law in Israel.

Question :

I am a Jewish divorcee. I have been dating a Cohen whom I would love to spend the rest of my life with. My family say that even if he popped the question, the Rabbinate wouldn’t let us get married. Is that true ?

Answer

Yes ! Jewish law is very strict on this. A Cohen is forbidden from marrying a Jewish woman who has divorced her husband. One way of by-passing this is for the  two to marry in a civil ceremony abroad and having the marriage registered at the Ministry of the Interior here. However, from a strictly legal point of view such a marriage would not be legally valid here, according to the Rabbinical Courts Jurisdiction (Marriage & Divorce) Law of 1953. This states that two Jews who are residents or citizens of Israel can only marry according to Jewish law, and puts matters of marriage and divorce into the exclusive hands of the rabbinical courts.

A civil marriage would have administrative validity - the marriage could be registered at the Ministry of Interior and each party would be recorded as “married” in their Israeli identity card. The Supreme Court of Justice in Jerusalem has held that this registration is no proof of the legal validity of the marriage. In practical terms the fact that the marriage is recorded in the identity card is sufficient for various things the parties may wish to arrange e.g. a mortgage should they wish to purchase an apartment .

Another option is to live together and make an agreement setting out rights and obligations towards each other without getting married.

Question:

I am a Cohen. I am in love with a Christian woman. If she converts to Judaism in an Orthodox conversion can I marry her according to Jewish law ?

Answer:

No, Jewish law is strict on this. A Cohen is forbidden from marrying a convert to Judaism or a Jewish woman who has divorced her husband. As an alternative to Jewish marriage, the couple could marry in a civil ceremony abroad, or live together as cohabitees, preferably with a court authorized "family life" agreement.

Question:

My husband has been in a mental hospital for years now, with no
hope of recovery. He will be there until he dies. We are both Jewish. Can I get a divorce, or marry someone else ?

Answer:

No. Under Jewish law a woman is in an inferior position to a man who is placed in a similar situation, with his spouse incarcerated in a mental hospital. A Jewish wife cannot divorce her mentally ill spouse, nor can she get permission to marry someone else. Under Jewish law, divorce is a legal act requiring understanding, freewill and agreement, which a spouse who is incurably ill with a mental illness is incapable of. Thus, divorce is out, and also for a man, whose wife is similarly afflicted. There is, however, a major difference; a man whose wife is afflicted, can can apply to the rabbinical court for permission to marry another woman.

The only option for a woman in the predicament mentioned is to live with another man, as common-law husband and wife, and have a court-authorised agreement defining their rights and obligations towards one another.

Question :

Can a Jewish couple who divorce remarry one another ?

Answer:

In principle yes, providing there is no prohibition in Jewish law preventing this.

Question:

I married a woman in a Jewish ceremony religious ceremony in Israel, after she had immigrated from Argentina, where her first  husband, who had been vociferous in his opposition to the former military regime ‘disappeared’ after being arrested and taken away for interrogation. She has no discovered that he is alive. Is my marriage valid, or will I have to get a divorce ?

Answer:

The dedication and marriage of a man to a married woman is prohibited according to ‘Din Torah’ (Jewish Law) and, therefore, a ceremony involving  a couple whose marriage is forbidden  will be "void ab initio"  (from the beginning). Accordingly, there will be no need for you to get a divorce under Jewish law; were never viewed as married according to Jewish law, and no rights or obligations arise from the forbidden and legally invalid union. A woman whose husband disappears for a long time and whom she is sure is dead , will need to get special permission from the rabbinical court if she wishes to marry someone else. She will require a ‘ Aguna’s ( Abandoned Wife’s) Permit’ .

Other examples of forbidden matches are a) a man with his sister-in-law and b) a man with his mother, sister or daughter ; the ban on these is total.

Question:

Could  a Jewish person who innocently relied on a ‘get’ (Jewish divorce) obtained via a rabbinical court abroad be breaking the law if he remarries in a civil ceremony abroad and later discovers that the first divorce was not valid ?

Answer

Yes ! Israeli Singer Matti Caspi was convicted of bigamy by  Tel Aviv Magistrate’s Court which held that the religious divorce he had supposedly obtained abroad was not valid in Israeli law and, therefore, he was still married when he got wed to his second wife in a civil ceremony abroad.

The offence of bigamy under 1977 Israeli Penal Code the does not make a distinction between a valid and a void marriage regarding the alleged second marriage. Hence, one can be convicted under the Israeli criminal law of bigamy when one enters into a second marriage while still formally in the first, even though one lacks the legal capacity for this second marriage and according to Jewish law it is void from the start ( as only religious marriage to another Jew, according to Jewish law is valid) !

Someone who relies on the validity of a divorce obtained via a rabbinical court abroad may, mistakenly, think he is divorced though in Israeli law the first marriage may still be valid, if there are jurisdictional/procedural flaws in the 'get' process. He could be charged with bigamy.

The paradox is that the Penal Code recognises a foreign civil marriage involving a Jew who is a citizen and resident – for the purposes of bigamy, though ironically a civil marriage abroad involving at least one Jew who is a citizen and resident of Israel has no legal validity in Israeli substantive law. This is because Israeli civil law adopts and internalises Jewish religious law regarding marriage and divorce. Furthermore, a Jew who is a citizen and resident of Israel lacks the legal capacity to enter into a civil marriage abroad, according to Jewish religious law, the personal law applying to Jews in Israel. He can only marry another Jew, in a traditional Jewish wedding, according to Din Torah.

Question :

I have been asked to enter into a fictitious marriage to save someone from serving in the army- he has offered me a considerable sum of money which would help me out of debt. We are both Jewish  .Could this have any legal drawbacks for me ?

Answer:

Yes ! Marrying fictitiously is a fraudulent act which, if discovered, could drag the person who co-operated into criminal proceedings . Secondly, if the situation of divorce arose later, then this would have implications in Jewish law for the woman if she wished to re-marry. She would be divorced and, for example, would not be able to marry someone who was a ‘Cohen’ (member of the priestly tribe). Also, she would have to bear the social stigma, albeit less these days, of being a divorcee.

Question:

I am a Christian tourist in Israel. I have a Moslem boyfriend who wants to marry me. Do I have to convert to Islam to get married to him ?

Answer:

No, according to Moslem religious law a man can marry a non-Moslem bride in a Moslem religious wedding ceremony providing she belongs to one of the monotheistic faiths . Thus a Christian woman can marry her Moslem boyfriend in a Moslem religious ceremony without having to convert. Another option would be to marry in a civil ceremony abroad.

Case:

I am a foreign worker, of the Moslem faith. I wish to marry an Israeli Arab woman who is also of the Moslem faith. Is it possible for us to get married in Israel ?

Answer:

Yes, according to Islamic law, before a Kadi.

Question:

Can two Anglicans get married in Israel ?

Answer:

No, two Anglicans cannot get married in Israel. The Anglican faith is not recognised in Israel and accordingly it is not possible for them to get married under religious law. Civil marriage cannot yet be conducted in Israel so the only option for two Anglicans is to cohabit in Israel, without marrying, or to go abroad to marry, either civilly or in a religious, church wedding.

Question:

Can two Protestants get married in Israel ?

Answer:

No, two Protestants cannot get married in Israel.The Protestant faith is not recognised in Israel and accordingly it is not possible for them to get married under religious law. Civil marriage cannot yet be conducted in Israel so the only option is to cohabit in Israel, without marrying, or to go abroad to marry, either in a religious, church wedding or a civil ceremony.

Question:

Who can a Moslem man living in Israel marry and how ?

Answer:

According to Islamic Law where a Moslem man says to a Moslem woman ‘ I have married you’ and she replies ‘ I have agreed’ – or vice versa – such a marriage is valid. Under Islamic law there is no need for a marriage to take place in the presence of a Kadi – a Moslem equivalent of a priest for Christians, or a rabbi for Jews. There is no requirement under Islamic law for the marriage to be registered. In addition a Moslem man can marry a non-Moslem woman providing she believes in one God and a ‘holy book’. She does not have to convert to Islam to marry him.

However, according to Israeli personal law, a citizen must be joined in matrimony within Israel before a religious court of his faith – for Moslems this means before a Kadi. Israeli law requires the registration of a Moslem marriage with the Interior Ministry.

Question:

Can an Israeli Druze citizen and a tourist marry in a civil ceremony in Israel ?

Answer:

No, civil marriage does not exist 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 , 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 Israeli 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 tourist remaining in Israel. As long as one party is physically present at the ceremony in Paraguay, 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.

Question:

I was due to get married in a few weeks time . A big , fancy affair had been arranged but I have told my fiancee that I am calling off the wedding because he is having romances on the side. He has threatened to sue me for damages. Can he ?

Answer:

Theoretically a thwarted fiancee could sue for financial compensation for distress caused by breach of promise to marry and for expenses connected with the wedding preparations. In practice, chances of succeeding vary much and depend on the particular circumstances proved in court. A thwarted fiancee’s chances of succeeding are most in relation to recovering expenses in connection with the wedding preparations and for gifts he gave you during your engagement. Succeeding on compensation for distress is harder.