What is a civil marriage?
The authority to marry spouses
The authority to marry Jewish couples in the State of Israel is vested solely in a rabbi who has been authorized by the Chief Rabbinate. The source of authority regarding mandatory legislation is Article 51 of the Decree of the King and Council, which stipulated that all matters of personal status would be regulated by the courts of the religious communities. After the establishment of the State of Israel, in the 1950s, the Rabbinical Court Jurisdiction Law was enacted, which states that marriages and divorces of Jews in the State of Israel would be conducted according to Torah law..
Hence, the authority to marry Jews in the Land of Israel was taken away from the state as a civil authority and handed over exclusively to the religious authorities. Furthermore, the religious authorities also have the discretion to marry the couple who wishes to marry or to declare them invalid.
Civil marriage for those who are not eligible to marry
From a halachic perspective, there are situations in which a couple is not permitted to marry according to the Jewish law. The Rabbinate will not permit the marriage of a couple in which one of them is not Jewish, the marriage of a bastard, the marriage of a priest and a divorcee, a conversion marriage in which the procedure has not been completed, a marriage of a person without a religion, and any case in which doubt arises regarding the validity of the marriage.
Choice for ideological reasons. Many couples choose not to marry according to the Mosaic and Jewish law, but rather, as an act of free choice, marry in a civil marriage.
Civil marriage abroad
Most countries in the world have chosen not to deprive religious priests of the authority to marry couples. However, the original authority lies with the state and its institutions. The couple may choose between marriage before a marriage registrar or marriage before a religious representative.
In both cases, the act of marriage is perceived as a civil act subject to the laws of the state. By virtue of international treaties signed and ratified by the State of Israel, it is mandatory for couples who have entered into a civil marriage to be registered in the population registry, and therefore this alternative of civil marriage is available to couples who cannot or do not want to marry in the State of Israel but wish to register with its institutions as a married couple. Registration has implications for the rights of the couple in dealing with state authorities (for example, pensions).
The marriage process
The choice of the country in which the couple will marry depends on the set of conditions required for registering the civil marriage. It is clear that a country with easier conditions and lower costs will be preferred. For example, Cyprus has become a close and convenient destination for civil marriages.
Each country sets different conditions for registering a marriage, such as medical examinations, residence in the country before and after marriage, minimum age for registering a marriage, absence of impediments to marriage, apostille certificates, document translation and notarization, etc. In any case, you should inquire at the relevant consulate about the prerequisites for registering a marriage.
Married couples have 30 days to register their marriage in the Israeli Population Registry. Registration is conditional on presenting a marriage certificate signed by the country in which it took place.
Consequences of civil marriage
A couple married in a civil marriage that was recognized in Israel and registered in the Population Registry is liable for debts and has rights in a manner similar to a couple married according to the laws of Moses and Israel.
In the event that the couple chooses to end their common life, the rabbinical court may issue a “get lechmura” when there is doubt about the marriage: The Jurisdiction Law in Matters of Dissolution of Marriage grants the rabbinical court the authority to dissolve the marriage of those who were married in a civil marriage.
The logic behind this provision is based on the halakhic principle of “doubtful marriage.” In such a case, it is better to grant a divorce and divorce the couple than to allow them to remarry without a divorce. In addition, the court ruled that the payment of alimony in such a case will be made by virtue of the law of contracts in the State of Israel. Regarding the matter of property division, it is advisable to first “cure the blow”, to accompany the civil marriage with a financial agreement and grant it legal validity in the country..
