Jewish law, and not the Israeli law of contracts which can give rise to a maintenance obligation where a Jewish couple marry in a civil ceremony abroad. This point was made very clear by the Supreme Court in December 2003 when it held that civil marriage abroad between a Jewish man and woman gave rise to a maintenance obligation arising from the law of contracts. Before this, a Jewish woman’s right to maintenance from her Jewish husband was dependent on the validity or status of her marriage in the eyes of Jewish law., mention was made of equality. This remains the case where the couple are Jewish but immigrated to Israel after first marrying in a civil ceremony abroad.

The Supreme Court said:  “ This(ruling) does not apply in the case of Jews who underwent a civil marriage where they were residents or citizens of a foreign country, and afterwards made ‘aliyah’ to Israel. In this situation the ruling in the Shmuel case applies, according to which the laws of maintenance are set according to Jewish law ”.