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Civil Marriage in Israel

Anat Levi
Anat Levi

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We came to Mr. Joshua with so many questions (and most of all, with so many concerns and worries) …

When we explained our case to him, first of all, he calmed us down and helped us to see the big picture, which took away our fears;

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Excellent service, very friendly and helpful, fast responding and very patient. Highly recommend. I will choose them again next time if needed.

Michael and Ariellah Waizman

For Advocate Joshua Pex.

We were in a devastating situation when my wife received an order from the immigration office to leave Israel within 30 days, without any explanation, after we have been married and in the process for six and a half years. We heard of Advocate Pex through a friend of a friend. We contacted Mr. Pex and he was ready to help us when he heard of our situation.

The service is amazing! Always ready to assist without regard to the time it takes. The advice Mr. Pex gave us was great, such as what to do, he gave useful links, and advice about which officials to contact. The price for the service was great!

The process until we received the extension for another year for my wife was not long (3 months). Things started moving once Mr. Pex came into the picture.

We highly recommend Advocate Joshua Pex! We achieved our goal and the fear of deportation has been lifted!

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We were very satisfied with the service of Nehama. She was very professional in all her dealings and kept us informed all the way.
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We (myself and my husband) came to Mr. Joshua Pex – for his professional advice – and we received such human warmth and caring attitude, that our hearts melted …

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You were very straightforward with us , You tried to help us in every way you could . we really appreciate that.
And of course the fast reply we got from you on our emails and the appointment you gave us .
You deserve more than 5 stars????

TarcisioePotira Freitas

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Incredibly knowledgeable, approachable, accessible, and evident across the board that they truly care about the people they are helping. They are quick to respond, engaged, and obviously top-notch lawyers. I couldn't recommend them highly enough. Thank you, Joshua and Itamar for your help with our Joint Life Application. You were a calming energy during a storm - always breathed a sigh of relief after speaking with you. It is so difficult to get straight answers from the Misrad Hapnim, but you guys are straight shooters. I appreciate your candor and evident integrity. Hope to work with you in the future, and will send everyone I know in need of legal aid your way. Thank you for your guidance and support.

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I am extremely pleased with choosing Attorney Elcharar. Many thanks also to the office team, Oz and Chaya, for their assistance throughout the entire process.

Thanks again ????

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Josh has been helping me on and off for a few years now. I have needed legal advice and assistance with immigration due to a complex situation of mine, and he has been extremely available and responsive, honest and clear about my route and how to proceed. Very much recommended!

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The best lawyer firm I’ve had dealt with. I would like to thank Anat Levi and Ariel Galili from the Jerusalem branch for all of their efforts and patience, we could not have been Able to reach to where we are now without them

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Every time we turned to Joshua we always got a professional quick and helpful respond.

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I have been receiving services from this Law Firm for several years now and I want to say THANK YOU to the team, especially Joshua Pex. They are doing outstanding work. The services I have received for both our Israeli non profit association but also our social business have helped us solve many issues at hand and provided solutions in complicated situations. Personally, I am grateful for support in visa issues as a foreigner living now in Israel for many years.

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I am delighted to report that my wife and I have just obtained our Israeli citizenship. We will be forever grateful for all of the help, guidance and support which Ariel Galili of Decker, Pex & Co. provided through this process.
I am a Jewish, 80-year-old American, and my wife is not Jewish. We had started the process on our own back in November 2020 via the Jewish Agency and Nefesh B’Nefesh, but soon became entangled in the delays and often-changing regulations due to Covid-19. The pandemic also caused delays in obtaining the required apostilles for various documents from various state agencies and the US State Department.
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We had a pleasure of working with Irena Rosenberg who assisted in getting our two U.S. born children registered in Israel and supported visa process for my wife in 2021. During the pandemic, my wife and I decided to move to Israel where I am originally from after living in the U.S. for over 20 years, but we had no idea how to go about securing visas before and after arriving in Israel. Irena is knowledgeable, reliable and competent lawyer who always had answers to all our questions which made us feel confident that everything would be fine with her assistance. We are now happily living in Israel and are so grateful to have Irena who is a genuinely nice person as our lawyer.

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The team of lawyers and assistants are incredibly professional. Aiming to give their clients the advice possible regarding the normative and the law of Israel. With well trained and professional secretary at the front desk to the lawyers team, I could say that I had one of the most professional services possible. I'm super glad of choosing Joshua Pex of Law office for immigration solution, lawyers to advise in my case, to me, it is remarkable.

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If you need to solve any complicated legal issue in Israel, don't hesitate to contact them. Otherwise you will loose hours/days/weeks with things that they can solve in minutes. They helped me to obtain my expert working visa in Israel and even after that they responded further questions and gave me advices related to administrative issues in Israel which saved me a lot of time. Irena Rosenberg and Michael Decker worked on my case, they are very professional and helpful. They will not let you down, feel free to contact them.

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We are very happy with the services. Somehow they managed to translate the law lingo into language we actually understand 😉 and their outstanding YouTube videos helped us to have a better grasp of what process we had to go through. Their patience, clear explanation and experience are very valuable. It's also very nice to know that you will receive response promptly; it made us feel we can really trust their services. We recommend all those looking for immigration lawyers to get in touch.

There is currently no possibility to have a civil marriage in the State of Israel.

Civil Marriage in Israel

After the establishment of the State, the directive from the days of the British Mandate was adopted, although part of it was replaced by Israeli law. Nevertheless, sections of the directive are still valid even today. Article 51 in the King’s speech in The Palestine Order in Council, 1922-1947 states as follows:

Subject to the provisions of Articles 64 to 67 inclusive jurisdiction in matters of personal status shall be exercised in accordance with the provisions of this part by the courts of the religious communities. For the purpose of these provisions matters of personal status mean suits regarding marriage or divorce, alimony, maintenance, guardianship, legitimation of minors, inhibition from dealing with property of persons who are legally incompetent, and the administration of the property of absent persons.

We can see that in matters of “personal status,” which also include marriage and divorce, the religious court has the authority to decide on them and the verdict that it shall reach is the religious law.

From this we can see that there is absolutely no possibility to have a civil marriage ceremony in Israel.

Affiliation with a Religion

Affiliation with a certain religion will be determined by that religion.

It is possible that a person belongs to two religions (a person whose mother is Jewish and father is Muslim). In cases like this when that person has dual religion, the question is which religious law applies to that person?

In the case of dual religion, the test employed is the “effective religion test,” in which we examine the behavior and actions of the person and see which is the effective and prominent religion in his life. The religion to which he is most attached is the religion that applies to that person (Al-Safadi vs. Binyamin).

A person who belongs to a certain religion cannot claim that he does not want the law or jurisdiction of that religion to which he belongs to apply to him in terms of personal status.

For example: when a Jewish couple have a private civil marriage ceremony, they cannot claim that they do not want the Jewish law or the jurisdiction of the rabbinical court to apply to them (Rogozinsky vs. The State of Israel). Therefore, as we will see below, when the couple wants to divorce they will be forced to go to the rabbinic court for this purpose.

Marriage and Divorce of Jews

Since marriage and divorce  are related to personal status, for Jewish couples the authority to decide on these topics belongs to the rabbinical court and the law that applies here is Jewish law.

The Rabbinical Jurisdiction Law (Marriage and Divorce), 1953 states as follows:

  1. “Matters of marriage and divorce for Jews in Israel, citizens or residents of the State, will be under the sole jurisdiction of the rabbinical courts.”
  2. “Marriage and divorce of Jews will take place in Israel in accordance with Torah law.”

Torah law does not recognize the following types of marriage at all:

  • Marriage of Jews in a non-religious ceremony (civil marriage); however, in the case of divorce one must turn to the rabbinical court in order to receive a divorce ruling (Supreme Court on “Noah sons”)
  • Mixed marriage (only one of the spouses is Jewish)
  • Same-sex marriage

The only way for the couples listed above to get married is through a civil marriage ceremony, something that is impossible in the State of Israel. However, and as will be explained further on, different marriage options exist.

It is important to note that in marriage and divorce, even people belonging to other religions in Israel are subject to the religious law and religious court of the religion to which they belong.

Civil Marriage Abroad and Registration with the Population Registry in Israel

Since there is no civil marriage in Israel, the only way to have this type of marriage is to do so outside of the country. When a couple marries through a civil marriage in a foreign country, this marriage is accepted as valid only in regards to registration with the Population Registry in Israel.

In the case of Funk-Schlesinger vs. The Minister of Interior it was decided that registration in the Population Registry is a technical matter, thus if evidence of marriage is brought to the Manager’s Office (for example: marriage certificate from the place it was issued), they must register the couple as married in the Population Registry.

Even same-sex couples who got married in a civil ceremony outside of Israel will be registered in the Population Registry as married after presenting a marriage certificate as evidence that the marriage took place (Ben-Ari vs. Director of the Population Administration).

Drafting a Prenuptial Agreement by a Couple Married in a Civil Ceremony

Couples who married in a civil ceremony can draft a prenuptial agreement  (according to Property Relations Between Spouses Law, 1973 ) and bring it to the family court for approval, so as to prove that they are a married couple. Couples can present the marriage certificate they posses or, alternatively, they can present their registration with the Population Authority as married (Cohen vs. The Attorney General of Israel).

Spousal Support in Civil Marriage

Spousal support is connected with civil status and therefore religious law applies to it. Since, as a rule, Jewish law does not recognize civil marriage, no obligation of alimony to the any of the spouses applies.

Israeli law has made two rulings on this matter:

  • The spouses were Israeli citizens at the time of marriage

   In case 8256/99 Anonymous vs. Anonymous it was ruled that the matter of “civil alimony”

   would apply in the event that the couple separated:

The couple is not two passers by who encounter because of a car accident. The couple wanted to live a shared life together. The demands of integrity, considerations of decency, and a sense of justice by Israeli society lead to the conclusion that the obligation of paying alimony applies. This obligation has been recognized as a matter of public interest and must also apply to spouses, citizens and residents of Israel who have married in a civil ceremony outside of Israel while their marriage does not take place according to Jewish law.

   We see that it is possible that the financially “strong” spouse may be required to pay alimony to

   the “weak” spouse after the separation, and this is by virtue of the good faith principle.

  • The spouses are citizens of the country in which they were married (not Israeli citizens)

   When there is one party that proves weakness and financial need and the religious law of the

   second party exempts him from spousal alimony, it will be possible to require him to pay it by

   virtue of the “human dignity” principle which is based on a fundamental law: Human Dignity

   and Liberty. In such a case, that spouse will be required to pay alimony according to the

   provisions of the Family Law Amendment (Child Support), 1959.

Child Support in Civil Marriage

Child support is part of the matters related to civil status, and thus the religious law of each one of the parents applies to it. In the event that the religious law exempts a parent from paying child support, the provisions of the Family Law Amendment (Child Support), 1959 will apply to that parent, just as it states in Section 3(B) of the law:

A person who is not obligated to pay alimony for his minor children and the minor children of his spouse according to the provisions of the law that apply to him personally, or no law applies to him personally, must pay their alimony, and the provisions of this law will apply to those alimonies.

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