When will a couple be recognized as a public celebrity couple?
The term “Publicly known“Refers to couples who maintain a family framework without marriage. In practice, this is an alternative for couples who cannot or do not wish to marry for various reasons, for example:
Marriage invalids
This group includes couples who are prevented from marrying according to the Law of Moses and Israel. The rabbinical judicial system conditions the marriage of the couple on the Judaism of both parties. Therefore, when one of the partners is not Jewish, a marriage permit will not be granted by the Rabbinate. The same applies to the marriage of a priest and a divorced woman who are not permitted according to Halacha, the marriage of a bastard, and more. The bottom line is that wherever doubt arises, the rabbinical court may prevent the couple from marrying.
Ideological opposition to marriage
Among those who oppose the institution of marriage, regardless of whether it is a marriage according to the Mosaic Law or a civil marriage, the phenomenon of living together and the existence of a family unit is prevalent, without the matter being anchored in law.
Cost-benefit considerations
Many couples choose not to marry due to cost-benefit considerations. For example, when one spouse benefits from benefits and allowances due to being single, in cases where one party has a financial advantage, and in other situations where single status is preferable to married status.
“Publicly Known” Status
Whatever the reason, at the end of the day, the couple lives together even without marriage, maintains a family framework and bears mutual obligations and rights. This alternative of “known to the public” is not established in organized and appropriate legislation – the State of Israel does not have a “known to the public law”. However, the legal rights and obligations in this matter have been consolidated over the years in patchwork legislation, and have been added to existing legislation:
The National Insurance Law, for example – compares the rights of the publicly known person with the rights of the legal wife. The same goes for the Single-Parent Families Law, the Disabled Persons Law, and other laws. On the other hand, there are many pieces of legislation in which “publicly known persons” are not granted any status – for example, taxation legislation.
In order to regulate the issue and anchor it in legislation, a bill on public knowledge was tabled in the Knesset in 2007. The purpose of the bill, which was an initiative of Knesset members and the “New Family” organization, is to create regulation of the issue and determine the authority to discuss it. Such legislation would eliminate the need for proof of cohabitation, as detailed below.
Proof of cohabitation
All that is required of spouses seeking to prove their marriage is confirmation of the marriage registration. In contrast, spouses applying for rights by virtue of being “known to the public” are subject to an increased burden of proof. In this matter, the court ruled that two central matters must be proven: running a joint household out of a desire to maintain a family life and not due to financial interests alone, and maintaining a personal life based on mutual affection and devotion.
In light of the ruling, couples seeking recognition as “publicly known” would do well to regulate their relationship through a contract marriage. This method may make it easier for the couple in the future, where they will be required to prove their relationship. The contract must include as many mutual rights and obligations as possible, including those related to descendants. Submitting the contract for approval by the Family Court will give it the force of a judgment and confirm its legal existence.
It is interesting to note that recently the court considered the payment of alimony between “publicly known” spouses, when a marriage contract was not signed between them. In this case, the court ordered the payment of alimony based on an “implied agreement” – meaning, the mere fact of living together and the existence of an active and strong economic family unit created a marriage contract between the spouses.
In both cases – even when a marriage contract exists and in its absence, it is recommended to contact a family law attorney to maximize the rights granted to those who are included in the definition of “publicly known,” or who seek to be included in it.
- For further reading on public figures: Foods for public awareness
