Publicly known | The Israeli law recognizes the rights of Common-law couples almost as much as the rights of married couples but there are other substantial cases where the rights of Common-law couples are different from the rights of married couples.
Common-law couple and want to know what rights you deserve?
Couples who live together and lead a family life and a joint household, even though they are not married according to Jewish Halakha. For a couple to be considered as a common-law couple, the couple must prove that they run a joint household. This situation allows many couples to live together without going through the official process of marriage. However, if these spouses wish to separate, this status may infringe on their rights, as they are not officially recognized as married, and therefore ordinary divorce-related laws do not apply to them.
The benefits of an agreement of Common-law couple
Writing the various agreements is beneficial to both spouses, in light of the fact that the matters of division of property between them are legally regulated, and can facilitate them in the economic co-operation between them (and consequently also ease the emotional side). Writing financial agreements and wills ensures that the couple will get everything they deserve in case of separation or death.
In Israel, there is no law that regulates the rights and obligations of Common-law couple, and each judge rules in these cases according to a precedent-setting ruling and according to his view. The term “Common-law couple” originated in a ruling given by the Supreme Court back in 1948 when a couple who lived together without marriage appeared before it. At first it is only about the recognition of the publicly known as his wife and later also of the publicly known as her husband. Publicly known (Common-law couples) are spouses who maintain a family framework together, but are not married to each other.
Due to the fact that there is no law that defines it, then the courts are the ones to decide according to various considerations. Spouses can live in separate apartments, manage separate bank accounts and still be considered Common-law couple. Spouses can also be officially married to others and fall into the definition of Common-law couple – this is a couple institution with far-reaching economic influences that not everyone is aware of. In Israel, the possibility of being considered a Common-law couple is greatly facilitated, and in Israel, such couples have much more rights than in other countries, since this institution is a substitute for those who cannot marry according to the Jewish ruling.
The ruling in Israel has set two threshold conditions for defining what is Common-law couple
Family life – an intimate relationship like a husband and wife based on the same relationship of affection and love, devotion and loyalty, the appearance that linked their destinies to each other.
Managing a joint household – not just a joint household out of personal need, convenience, financial viability, or a matter-of-fact arrangement, but sharing all the needs of the person as usual and accepted between a husband and wife who adhere to each other in a relationship of fate.
Defining Publicly Known Partnerships and Their Legal Implications
These conditions are examined according to subjective criteria – that is, how the couple themselves saw their relationship. Things differ, of course, from couple to couple, according to the difference in age, education, profession, temperament, views, economic status, etc. Defining spouses as Common-law couples is a way for the state to apply rights and obligations that the state grants to married couples, to spouses who are not interested or unable to marry according to state laws. Common-law couple status is used by spouses who are not allowed to marry each other, depending on religion, for example when the spouses are of the same sex, or because one of the spouses is married to another or the spouses are of different religions or a Cohen and divorcee or other cases unable to marry according to Jewish law. Common-law couple status is often applied to spouses who are allowed to marry each other but are not interested in it, sometimes without the spouses being aware of the obligations to which this status applies. In some respects, Common-law couple (members of different sexes and sometimes members of the same sex) have similar rights to those of married couples.
Common-law couple rights i.e. Common-law spouse to a married man
In Israel, there is no law that deals with the division of property of Common-law spouses, and the division is carried out according to the ruling. The ruling established the rule of the presumption of cohabitation which applies to Common-law couple, provided that it has been proven that these are indeed spouses who are known to the public and whether it has been proven that they had the intention of cohabitation. If the parties pass these two threshold tests, their property will be divided equally between them at the time of separation.
Common-law spouse rights in inheritance
As for inheritances, there is indeed a reference in the law to the Common-law spouse and he inherits half of his spouse’s share as a married person. In principle, Common-law spouse share equally in the assets accumulated during the period of the joint life, both in their lives and in their deaths, and this unless there is a financial agreement or will that stipulates otherwise. Due to the problem of interpretation of the term “Common-law couple”, it is highly desirable to make a financial agreement between the Common-law couple and to make a will for each of the spouses.
The writing of the Common-law couple agreement
Writing a prenuptial agreement between Common-law couple must be done under the guidance of a lawyer who specializes in the subject of Common-law couple. From the moment a financial agreement is signed between Common-law couple, the agreement has binding legal force. It is also customary to submit the agreement for approval by the Family Court. A prenuptial agreement should include the various assets of the spouses, of any kind, and determine the form of division of the property in case the spouses decide to separate. It is also advisable to make a will, as a will is written like any other will, and relieves tax problems after the death of one of the spouses.
According to family law, pension rights are divided in the divorce proceedings. The division is made according to the calculation of the relative share accumulated by the insured member during the joint period of life, from the date of marriage to the date of divorce or the date of seperation. The same rule also applies to Common-law couple, ie from the date of commencement of the life together to the date of separation or the date of breaking up. The division is made equally between the spouses. It is possible to capitalize the pension and transfer the share of the pension to the spouse immediately or wait for the date of entitlement. The pension is a financial right and like any other financial right, the divorce proceedings must be divided equally between the parties. However, there are cases where the rabbinical court or the civil court for family matters will determine that there will be no equality in the distribution of the pension between the parties, but these are rare cases.
Other cases in which the financial agreement is important are couples who are Common-law couple or same-sex couples, because they are not subject to the law of financial relations between spouses and it is important and proper to settle the financial matters between them.
