Civil Partnership Bill, 5783-2023

This bill seeks to establish a new institution of civil partnership in Israel, allowing couples to formalize their relationship civilly, regardless of religion. The goal is to provide an alternative for couples who cannot or do not wish to marry under religious law, and to ensure them legal recognition and equal rights and obligations. Who can enter into a civil partnership? A couple consisting of two partners can enter into a civil partnership if the following conditions are met: both are at least 18 years old; both are residents of Israel; they are not relatives (as defined in the regulations); they are not married or registered as a couple in another registry (in Israel or abroad). If one of the partners lacks legal capacity or has a guardian appointed, informed consent from the guardian or court approval is required. Registration process: 1. Application submission: Couples wishing to do so will submit an application for registration of a civil partnership to the Partnership Registrar, accompanied by an affidavit that they meet the conditions. A prenuptial agreement may also be attached. 2. Application review: The Registrar will examine the application within 14 days, conduct checks, and request additional evidence if necessary. 3. Objections: Any person may file an objection to the application within 45 days of the publication of the notice regarding the application. The Registrar will examine the objection and decide whether to accept or reject it. 4. Execution of the partnership: If the application is approved (and no objection was filed, or the objection was rejected), the couple will be summoned before the Registrar. The Registrar will explain the meaning of the partnership and its consequences. The couple will declare that they agree to enter into a civil partnership of their own free will and with informed consent. 5. Signing and registration: The couple will sign the civil partnership agreement, and the Registrar will record the couple's details in the Partnership Registry. Legal consequences of the civil partnership: Status: Registration of a civil partnership does not constitute marriage under religious law. Property relations: The provisions of the Spouses (Property Relations) Law will apply to partners in a civil partnership, with the necessary changes. A prenuptial agreement can be approved before the Registrar. Alimony: A partner in a civil partnership will be liable for the alimony of their partner and minor children, in accordance with family law. Rights and obligations: The provisions of this section (regarding alimony) will not apply to couples registered in a civil partnership under the Civil Partnership Law (2015) or the Civil Partnership for Persons without Religious Affiliation Law (2010). Dissolution of a civil partnership: A civil partnership can be dissolved in one of the following cases: the death of one of the partners; a final judgment of the Family Court dissolving the civil partnership; receipt of notice of divorce or dissolution of marriage from abroad; receipt of a judgment or decision from foreign authorities ordering the removal of the couple from a partnership registry. Jurisdiction of the court: The Family Court will have the authority to hear applications for the dissolution of a civil partnership. The court may dissolve the partnership if: the couple has reached an agreement on its dissolution; one year has passed since the day the application for dissolution of the civil partnership was filed, and the couple has not reached an agreement, but one of the partners has notified the court of their desire to dissolve the relationship; the application was filed by mutual consent, and one of the partners lacks legal capacity or has a guardian appointed, and the court has approved it; the partnership was entered into for appearance only, or based on false information.

Source: הצעת חוק לדיון מוקדם