Can two people of the same sex who live together make a legally valid agreement covering their rights and obligations towards each other ?
By: דיאנה שאלתיאל•Published on: 10 May, 2022Yes. Two Lesbians can have a family life agreement drawn up which regulates their rights and obligations towards each other. They can now even have the agreement authorized at a family court so that it has the binding validity of a judgment.
This was the case with two cohabiting Lesbian women who had a family life agreement authorized at the Southern District Family Court in the Summer of 2001. In its judgment the court said that both of the Lesbian women fulfilled the criteria of “family member” under the Family Courts Act of 1995 and, therefore, it had jurisdiction to authorize the agreement between them.
It added that there was no reference in the act saying that family members forming an agreement had to be of different sexes. The decision was also consistent with the general trend in Israel and the world as a whole to recognize the rights of non-heterosexual couples, the court said.