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Marriage and Divorce

Marriage and Kiddushin

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I have been asked to enter into a fictitious marriage to save someone from serving in the army- he has offered me a considerable sum of money which would help me out of debt. We are both Jewish .Could this have any legal drawbacks for me ?

Marriage and Divorce Options in Israel

Yes ! Marrying fictitiously is a fraudulent act which, if discovered, could drag the person who co-operated into criminal proceedings . Secondly, if the situation of divorce arose later, then this would have implications in Jewish law for the woman if she wished to re-marry. She would be divorced and, for example, would not be able to marry someone who was a ‘Cohen’ (member of the priestly tribe). Also, she would have to bear the social stigma, albeit less these days, of being a divorcee.

I married a woman in a Jewish ceremony religious ceremony in Israel, after she had immigrated from Argentina, where her first  husband, who had been vociferous in his opposition to the former military regime ‘disappeared’ after being arrested and taken away for interrogation. She has no discovered that he is alive. Is my marriage valid, or will I have to get a divorce ?

Marriage and Divorce Marriage and Kiddushin

The dedication and marriage of a man to a married woman is prohibited according to ‘Din Torah’ (Jewish Law) and, therefore, a ceremony involving  a couple whose marriage is forbidden  will be “void ab initio”  (from the beginning). Accordingly, there will be no need for you to get a divorce under Jewish law; were never viewed as married according to Jewish law, and no rights or obligations arise from the forbidden and legally invalid union. A woman whose husband disappears for a long time and whom she is sure is dead , will need to get special permission from the rabbinical court if she wishes to marry someone else. She will require a ‘ Aguna’s ( Abandoned Wife’s) Permit’ .

Other examples of forbidden matches are a) a man with his sister-in-law and b) a man with his mother, sister or daughter ; the ban on these is total.

What are the civil marriage options open for Israelis in Israel ?

Marriage and Divorce Marriage and Kiddushin

Non-existent ! Civil marriage does not exist in Israel at present. The options lie abroad. These marriages are recognised by the Ministry of the Interior and can be registered there, so that the word “married” appears on your identity card, if you take your marriage certificate there for registration.

In recent years there have been many attempts to change the law and introduce civil marriage in Israel, but so far nothing concrete has resulted.


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