Common-Law Partners – Rights, Obligations, and What You Need to Know
In recent years, more and more couples in Israel are choosing not to marry through the Rabbinate – yet they maintain a full couple's life.
In recent years, more and more couples in Israel are choosing not to marry through the Rabbinate – yet they maintain a full couple's life. These couples are defined as common-law partners, and it is important to know that even without an official marriage, both parties may have significant legal rights and obligations.
At Halevi • Levi Law Office, we accompany common-law partners in arranging property rights, support, wills, inheritances, child custody, and financial claims – while safeguarding their full rights within the framework of the law.
Who are common-law partners?
According to case law in Israel, "common-law partners" are two partners who maintain:
A shared life as husband and wife
The running of a joint household
An intention to establish a long-term couple's framework
There is no need to prove a specific period of time, but it must be shown that the relationship is stable, genuine, and ongoing.
What are the rights of common-law partners?
Property rights
Under the sharing principle, one may demand the division of property accumulated during the relationship – even if there was no property agreement. The court will examine whether there was an intention to share, and it is also possible to claim rights in an apartment, savings, pension, etc.
Support
In exceptional cases, civil support may be claimed between common-law partners – especially when one of them was economically dependent on the other over time.
Inheritance
If there is no will – a partner recognized as a common-law partner may inherit from the deceased, just like a married spouse. Therefore, it is important to arrange a clear will – in order to prevent disputes or surprises in the future.
Children
Common-law partners who bring children into the world – the same laws of custody, parenting time, child support, and education apply to them – exactly as they do to a married couple who has divorced.
Why is it important to draw up an agreement?
A common-law partnership agreement (cohabitation agreement) is a legal document that makes it possible to determine in advance:
What is considered joint property and what is not
Whether there is sharing in an apartment or in other assets
What will happen in the event of a separation
Whether support or other rights will be granted
Such an agreement saves costly legal disputes in the future, and receives legal force if it is signed before a notary or approved by the court.
Frequently asked questions
On the subject of common-law partners
Is living together enough to be considered common-law partners?
Not always. Shared residence is an important condition, but it is also necessary to prove an intention for a stable couple's life, the running of a joint household, and an ongoing emotional bond.
Is it possible to be recognized as common-law partners even if we have not registered anywhere?
Yes. There is no need for formal registration – recognition is granted on the basis of factual evidence (photographs, joint accounts, testimonies, etc.).
Is it possible to claim property even if the asset is registered only in the name of one of the partners?
In certain cases, yes. If it is proven that there was an intention to share, even an asset registered in the name of only one may be divided.
Is a lawyer needed to arrange the status?
Highly recommended. A lawyer well-versed in the field can draft an agreement that protects your rights, prevents future disputes, and even provides accompaniment when needed in claims or separation.
Halevi • Levi Law Office – legal support for common-law couples
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