Spousal and Family Considerations in Israel

1. What are the laws and regulations regarding spousal and family considerations in Israel?


In Israel, spousal and family considerations are governed by a combination of civil and religious laws.

Spousal Considerations:
1. Marriage Laws: All marriages in Israel must be performed according to the law applicable to the parties involved – whether religious or civil. There are different marriage laws for Jews, Muslims, Christians, Druze, and members of other recognized religious communities. In addition, Israel recognizes common law marriages.
2. Age Requirements: The minimum age for marriage in Israel is generally 18 years for both men and women. However, there are exceptions for girls aged 16-17 who have obtained a court’s permission.
3. Same-Sex Marriage: Same-sex marriage is not currently recognized in Israel.
4. Divorce Laws: Divorce laws vary depending on the religion of the parties involved.

Family Considerations:
1. Child Custody: In cases of divorce or separation, Israeli courts determine child custody based on what they believe is in the best interest of the child.
2. Child Support: Both parents have an obligation to support their children until they reach the age of majority (generally 18 years old) or are no longer dependent.
3. Inheritance Rights: Inheritance rights in Israel are governed by religious laws for Jews, Muslims and Christians.
4.Citizenship: Children born to at least one Israeli parent are considered Israeli citizens from birth.

Overall Regulatory Framework:
1. Rabbinical Courts Law: This law regulates personal status matters for Jewish citizens including marriage and divorce.
2. Muslim Personal Status Law (Shari’a): This law governs personal status matters for Muslim citizens including marriage and divorce.
3.Christian Communities Regulations Law (1955): This law governs personal status matters for Christian citizens including marriage and divorce.
4.Rights in Respect of Spouses Act (1977): This act provides spouses with protections against financial discrimination during marriage, in the event of divorce and in the case of death.
5. Family Court Law (1995): This law established family courts in Israel to deal with various family law matters, including matters related to spousal and family considerations.

2. Are there any specific requirements for marriage or divorce in Israel?


Marriage:
– Both parties must be at least 18 years old, or have special permission from a court to marry if they are under 18.
– Both parties must be Jewish, or one of the parties must convert to Judaism before the marriage (non-Jewish citizens can also legally marry in Israel, but only through a special process).
– Divorcees or widows/widowers must provide documents of their previous marriages and divorces/deaths of their former partners.
– Same-sex marriage is not recognized in Israel.

Divorce:
– In order to obtain a Jewish divorce (get), both parties must appear before a rabbinical court or receive specific authorization from the court for the divorce to take place elsewhere.
– Civil marriages and divorces are not recognized in Israel, so for non-Jewish couples who were married outside of Israel, they must get divorced through their local religious authorities (if applicable) or seek alternative solutions such as obtaining a civil divorce abroad and having it recognized by an Israeli court.

3. How does Israel view same-sex marriages and LGBTQ+ families?


Israel has a complex and evolving view on same-sex marriages and LGBTQ+ families. While there is no official legal recognition of same-sex marriages in Israel, the country does recognize same-sex marriages performed abroad. Additionally, some Israeli cities offer domestic partnership registries for same-sex couples.

In terms of attitudes towards LGBTQ+ families, there is a growing acceptance and visibility of LGBTQ+ families in Israeli society. However, discrimination and prejudice still exist, particularly in more conservative religious communities.

The Israeli government also recognizes same-sex adoption rights, but surrogacy is not currently available to same-sex couples. In recent years, there have been ongoing debates and challenges to expand surrogacy laws to include LGBTQ+ individuals and couples.

Overall, while Israel has made progress in recognizing and protecting the rights of LGBTQ+ individuals and families, there is still work to be done to achieve full equality and acceptance.

4. Are spouses of citizens automatically granted residency or citizenship in Israel?


No, spouses of Israeli citizens do not automatically receive residency or citizenship in Israel. They must apply for their own residency or citizenship through the relevant government authorities and go through a standard application process.

5. What options are available for spousal sponsorship in Israel immigration laws?


In Israel, there are three main options for spousal sponsorship:

1. Family unification visa: This is the most common option for spousal sponsorship in Israel. It allows a foreign spouse to join their Israeli spouse and live in Israel as a permanent resident.

2. Temporary residency visa: This option is available for couples who do not meet the requirements for family unification visas but have a legitimate reason to live together in Israel, such as studying or working. This visa is granted on a yearly basis and must be renewed annually.

3. Dependence visa: If an Israeli citizen has a non-Israeli parent or grandparent living abroad, they can apply for a dependence visa for their spouse to join them in Israel.

It’s important to note that all spousal sponsorship applications in Israel must be submitted by the Israeli citizen and approved by the Ministry of Interior. The process can take several months, so it’s recommended to start the application process as early as possible.

6. Is there a minimum age requirement for marriage or having children in Israel?

The minimum legal age for marriage in Israel is 18 for both males and females. However, there are exceptions that allow for marriage at the age of 17 with special authorization from a court.

There is no minimum age requirement for having children in Israel, but parents must be at least 18 years old to legally register their child’s birth and assume parental responsibilities.

7. Does Israel offer any benefits or support for stay-at-home parents?


Yes, Israel offers several benefits and support for stay-at-home parents, including:

1. Child Allowance: Families receive a government payment per child, with higher amounts for larger families.

2. Income Tax Exemption: Stay-at-home parents can claim a tax exemption for one dependent child, reducing their taxable income.

3. Maternity Leave: Mothers are entitled to 15 weeks of paid maternity leave after giving birth. Fathers are also entitled to paternity leave one day per week during the first year of their child’s life.

4. Parental Leave: Parents can take unpaid leave from work to care for their young children until they are three years old.

5. Subsidized Childcare: Low-income families may be eligible for subsidized childcare through various government programs.

6. National Insurance Institute Support: Stay-at-home parents can receive financial support from the National Insurance Institute if they are not employed or if they work part-time.

7. Education Benefits: Stay-at-home parents can receive a reduced tuition rate for their children in public schools and may be eligible for grants or scholarships for higher education.

8. Housing Benefits: Low-income families may qualify for housing subsidies to help cover the cost of rent or mortgage payments.

9. Flexible Work Arrangements: Employers in Israel are required to provide flexible work arrangements, such as flexi-time or telecommuting, to accommodate the needs of working parents.

10. Parenting Classes and Resources: The Ministry of Welfare and Social Services offers parenting classes and other resources for stay-at-home parents on topics such as child development, nutrition, and family dynamics.

8. How does childcare work in Israel? Is it affordable and accessible for working parents?


Childcare in Israel is primarily provided through two main systems: daycares and childminders (also referred to as “babysitters”). Daycares, or ganenot, are usually run by the local municipality or a religious/community organization and offer full-day care for infants and toddlers up to the age of three. Childminders are individuals who provide home-based childcare services and can care for children of different ages.

The cost of childcare in Israel varies depending on location and type of facility/provider. Generally, daycares run by the municipality tend to be more affordable than private daycares or childminders. The average monthly cost for daycare in Israel ranges from 1,200-2,500 Israeli Shekels (approximately US$350-$725). Childminders also charge a monthly fee but may be more flexible in terms of hours and days of care.

Both options have waiting lists that can vary in length depending on availability and demand. It is recommended for parents to start looking into childcare options early on to secure a spot for their child.

Israeli laws mandate that employers provide four months of paid maternity leave and an additional six weeks before giving birth. After this time, parents are entitled to unpaid parental leave for up to six months. Many working mothers also rely on grandparents or relatives for caregiving during maternity leave or after returning to work.

There are ongoing efforts by the government to make childcare more accessible and affordable for working parents, including subsidies for low-income families and subsidies for those living in certain areas with high costs of living. Additionally, some employers offer workplace-based childcare services or cover part of the cost of childcare expenses for their employees.

Overall, while there have been improvements in recent years, many families still struggle with finding affordable and accessible childcare options in Israel.

9. Are there any tax incentives or deductions for families with children in Israel?


Yes, there are several tax incentives and deductions available for families with children in Israel. These include:

1. Child Allowance: A monthly allowance is provided by the National Insurance Institute (NII) to families with at least one child under the age of 18.

2. Dependents Credit: This credit is given to taxpayers with dependent children under the age of 18.

3. Education Savings Plan: Contributions made to an education savings plan for a child’s future higher education expenses are tax-deductible.

4. Expenses for Children with Disabilities: Taxpayers can deduct certain expenses related to caring for a child with disabilities, such as medical expenses and special education.

5. Maternity Leave Benefits: Working mothers receive paid maternity leave from their employers, which is then reimbursed by the NII through their employer.

6. VAT Reduction on Baby Products: The Value Added Tax (VAT) rate on baby products, such as diapers and formula, is reduced from 17% to 5%.

7. Childcare Voucher Program: Employers can provide employees with vouchers for childcare services up to a certain amount each year, which are not taxable as income.

8. Dependent Care Assistance Program (DCAP): Employees can set aside pre-tax funds from their salary towards qualified dependent care expenses, including childcare costs.

9. Adoption Expenses: Taxpayers who adopt a child under the age of six may be eligible for a tax credit or deduction for certain adoption-related expenses.

It is important to note that these incentives and deductions may change each year and may have specific eligibility requirements, so it is recommended to consult a tax professional for specific information about your situation.

10. Are there any government programs or subsidies available to support low-income families in Israel?

Yes, there are a variety of government programs and subsidies available to support low-income families in Israel. These include:

1. National Insurance Institute (Bituach Leumi): This is a government agency that provides financial assistance to low-income families through a range of programs including income support, disability benefits, maternity benefits, child allowances, and more.

2. National Health Insurance: All residents of Israel are entitled to receive health care services under the country’s National Health Insurance Law. Low-income families may also be eligible for reduced or waived co-payments for medical treatment.

3. Subsidized Housing: The Israeli government provides subsidies and assistance to low-income families in finding affordable housing through various programs such as public housing and rent subsidies.

4. Education Grants: Families with low incomes can access education grants from the Ministry of Education to help cover the costs of school fees, textbooks, transportation, and more.

5. Food Coupons: The National Insurance Institute provides food coupons to low-income individuals and families who cannot afford basic food expenses.

6. Free Legal Aid: The Legal Aid Department within the Ministry of Justice offers free legal representation to needy individuals and families who are unable to afford legal services in civil cases.

7. Income Tax Reductions: Low-income earners may qualify for income tax reductions or exemptions under specific criteria set by the tax authorities.

8. Employment Assistance Programs: There are several employment assistance programs aimed at helping low-income individuals find stable jobs such as vocational training, job placement services, and wage subsidies.

9. Childcare Subsidies: Low-income working parents with children under the age of three can receive a subsidy from the government toward their childcare costs.

10. Utility Bill Assistance: The Ministry of Social Affairs provides financial assistance to low-income households struggling to pay their monthly utility bills such as electricity, gas, and water.

11. What kind of healthcare coverage is available for spouses and dependents of residents/citizens in Israel?


Spouses and dependents of residents/citizens in Israel are eligible for national healthcare coverage through the National Health Insurance Law. This includes access to public healthcare services, such as doctors’ appointments, hospitalizations, and medications, at no or low cost. The exact coverage and benefits may vary depending on immigration status and eligibility criteria.

12. How are parental leaves and benefits structured in Israel?

Parental leaves and benefits in Israel are structured as follows:

1. Maternity Leave: Mothers are entitled to 15 weeks of paid maternity leave, starting six weeks before the expected due date. The first six weeks after birth are considered a mandatory period for recovery, during which the mother is not allowed to work. The remaining nine weeks can be taken at any time within the first year after birth.

2. Paternity Leave: Fathers are entitled to five days of paid paternity leave, which must be used within eight weeks of the child’s birth.

3. Parental Leave (formerly known as Childcare Leave): Both mothers and fathers are entitled to an additional 62 weeks of unpaid parental leave after the end of maternity or paternity leave. This leave can be shared between parents, with each parent taking up to 26 weeks consecutively or splitting it into shorter periods over three years.

4. Adoption Leave: Adoptive parents may take up to 12 weeks of unpaid leave during the first six months after their child’s arrival.

5. Special Circumstances Leave: In case of premature birth or if the child requires medical care for more than three continuous months, an additional unpaid parental leave may be granted for up to 14 weeks.

6. Benefits: During maternity and paternity leave, parents receive a monthly allowance from Bituach Leumi (the National Insurance Institute) equivalent to their average income over the previous three months, up to a certain cap. During parental leave, no allowance is provided but employees have job protection and cannot be fired during this time.

7. Parental Allowance: Parents who take extended parental leave (beyond the initial nine weeks for mothers and five days for fathers) are eligible for a parental allowance from Bituach Leumi, which is paid at a reduced rate based on their average salary over the preceding year.

13. Is surrogacy legal and regulated in Israel, especially for non-nationals?


Yes, surrogacy is legal and regulated in Israel for both nationals and non-nationals. However, there are strict guidelines and eligibility criteria that must be met in order for the process to be allowed. Surrogacy laws in Israel are governed by the Israeli Ministry of Health and the courts.

In order for a non-national to engage in surrogacy in Israel, they must be legally residing in Israel with a valid visa, have at least one genetic connection to the child (either as an egg or sperm donor), and have approval from the Israeli Ministry of Health.

Additionally, same-sex couples are also allowed to pursue surrogacy in Israel as long as they meet the eligibility criteria mentioned above. Foreign gay couples may face additional hurdles due to varying legal requirements depending on their home country’s laws on assisted reproductive technologies.

It is important for non-nationals considering surrogacy in Israel to carefully review all relevant laws and regulations before beginning the process. It is also recommended to seek legal guidance from a qualified attorney familiar with surrogacy laws in both Israel and your home country.

14. How does adoption work in Israel? Are international adoptions allowed?


Adoption in Israel is governed by the Adoption of Children Law (1981), which regulates the adoption process and sets out the rights and responsibilities of adoptive parents.

The process for domestic adoption in Israel begins with a potential adoptive parent submitting an application to the Ministry of Social Affairs and Social Services, who will then conduct a home study and recommend a child for adoption based on the family’s preferences. If an appropriate match is found, the biological parents’ rights must be terminated before the adoption can be finalized.

International adoptions are allowed in Israel, but they are subject to strict regulations. Only certain countries have agreements with Israel regarding intercountry adoptions, and each case must be approved by both the Israeli authorities and the authorities in the child’s country of origin. The adoption process for international adoptions involves legal procedures both in Israel and in the child’s country of origin.

It should also be noted that adoptions by same-sex couples or single individuals are not permitted in Israel.

15. Does child custody follow a specific legal process during separation/divorce proceedings?


In most cases, yes, child custody follows a specific legal process during separation or divorce proceedings. The exact process may vary depending on the laws of the state or country in which the proceedings take place, but generally it involves the following steps:

1. Filing for Divorce: One party must file for divorce with the court and provide details of the marriage and any children involved.

2. Responding to Divorce Petition: The other party must respond to the divorce petition within a specified period of time, typically 30 days.

3. Temporary Custody Orders: If there are immediate concerns about who will have custody of the children during the divorce process, either party can request temporary custody orders from the court.

4. Mediation: In many cases, courts require parents to attend mediation to try and reach an agreement on child custody and visitation before proceeding to a trial.

5. Divorce Trial: If an agreement cannot be reached through mediation, a trial may be scheduled in which both parties present evidence and arguments for their preferred custody arrangement.

6. Child Custody Evaluation: In some cases, the court may order a child custody evaluation by a mental health professional or other expert to help determine what is in the best interest of the child.

7. Court’s Decision: After considering all evidence presented at trial and/or in the custody evaluation, the court will make a decision on child custody and visitation rights.

8. Final Custody Order: Once a final custody order is issued by the court, both parties are legally bound to follow its terms unless it is modified in the future due to changed circumstances.

It’s important to note that this is a general overview of the legal process for child custody during separation or divorce proceedings and may vary depending on individual circumstances and local laws. It’s always recommended to consult with an experienced family law attorney for guidance on your specific situation.

16. Does Israel recognize prenuptial agreements?

Yes, Israel recognizes prenuptial agreements. These agreements are called “ketubah,” and they have been a part of Jewish marriage tradition for centuries. In modern times, they serve as a legally binding financial contract between the spouses in case of divorce or the death of one spouse. Although not required by law, many couples opt to sign a ketubah as a way to determine financial terms and responsibilities during marriage and in case of dissolution. Prenuptial agreements must be approved and witnessed by two witnesses.

Prenuptial agreements can cover various aspects of the marriage, such as property division, support payments, custody arrangements, and more. However, Israeli courts do not always enforce prenuptial agreements if they deem them unfair or against public policy. Couples should seek legal advice from an attorney when creating a prenuptial agreement to ensure its validity and enforceability.

It’s important to note that civil marriage is not recognized in Israel (except for marriages performed abroad), so prenuptial agreements are generally only relevant for religious marriages.

17. Can stepparents legally adopt their spouse’s child/children from a previous relationship?

Yes, in many cases stepparents can legally adopt their spouse’s child or children from a previous relationship. The process for stepparent adoption varies by state and jurisdiction, but generally it involves terminating the rights of the noncustodial parent and obtaining consent from both the custodial parent and the child (depending on their age). It may also involve completing a home study, criminal background checks, and attending court hearings. It is important to consult with a family law attorney to guide you through the legal requirements for stepparent adoption in your specific situation. Adoption by stepparents can provide legal benefits such as inheritance rights, insurance coverage, and the ability to make medical decisions for the child.

18, Is domestic violence considered a serious crime against the family unit in Israel?


Yes, domestic violence is considered a serious crime against the family unit in Israel. The Israeli government has taken steps to combat this issue through legislation, awareness campaigns, and support services for victims.

In 1991, the Prevention of Family Violence Law was enacted, which criminalized domestic violence and provided protection for victims. In addition, the Ministry of Social Affairs and Social Services has established a national program for the prevention and treatment of family violence.

Domestic violence is also taken seriously by law enforcement agencies in Israel. Police have been trained to handle cases of domestic violence sensitively and professionally, and there are special units dedicated to addressing this issue.

Victims of domestic violence can also seek help from a variety of organizations in Israel, such as women’s shelters, crisis hotlines, and support groups. These services provide emotional support, legal aid, and assistance in finding safe housing.

Despite these efforts, domestic violence remains a persistent problem in Israel. According to data from the Central Bureau of Statistics, there were over 17,000 cases of reported domestic violence in 2020 alone. It is important for individuals to recognize that domestic violence is a serious crime that can have devastating effects on families and individuals.

19, How does inheritance law apply to spousal and familial property rights after death of a family member/resident of Israel?


In Israel, inheritance law is mainly governed by the Succession Law of 1965 and other related legislation.

Spousal property rights:
– In the case of a married couple, if one spouse dies without a will, according to the Succession Law, the surviving spouse is entitled to inherit all of the deceased spouse’s property.
– If there are children from a previous marriage or relationship, the surviving spouse is entitled to half of the property while the other half is divided between the children.
– If there are no children, then the surviving spouse inherits all of the deceased’s property.
– If there are no spouses or descendants, other relatives such as parents or siblings may inherit according to a specific order set out in the law.

Familial property rights:
– In the case of an unmarried individual with no children, their parents are first in line to inherit their property. If there are no living parents, their siblings will inherit equally.
– In cases where someone passes away without any living heirs (parents, siblings, etc.), their property will be transferred to the state.

Challenges to inheritance rights:
– In some cases, individuals may choose not to follow these default distribution rules and instead leave a will stating how they want their property distributed after they die. However, this must be done following strict legal requirements in order for it to be considered valid.
– In addition, certain familial members have a legal right to challenge a will that unfairly excludes them from inheriting. Any challenges must be brought within six months of when probate is granted for that estate.

In summary, inheritance laws in Israel prioritize spousal and familial property rights after death. While there are default provisions that govern who inherits what assets if there is no will in place at death, those provisions can be overridden by a validly executed will or challenged by certain family members through legal action within six months from when probate was granted. It is important to seek legal advice if you have questions or concerns about inheritance rights in Israel.

20, Are there any cultural traditions or customs related to spousal and family considerations that may differ from Western norms in Israel?


Yes, there are several cultural traditions and customs in Israel related to spousal and family considerations that may differ from Western norms. Here are a few examples:

1. Arranged marriages: In many traditional and religious communities in Israel, marriages are arranged by the families of the bride and groom, rather than being based solely on individual choice. This practice is more common among Jewish and Arab communities.

2. Extended families living together: In many Israeli households, it is common for multiple generations of a family to live under one roof. This can include grandparents, parents, and children, as well as unmarried siblings.

3. Strong emphasis on family ties: Family relationships and obligations hold a strong importance in Israeli culture. It is common for adults to stay close to their parents even after marriage and for extended family members to have regular gatherings.

4. Respect for elders: Elders hold a revered position in Israeli society and are often consulted for decisions related to family matters.

5. The concept of “shidduch”: In Orthodox Jewish communities, there is a tradition of matchmaking called “shidduch.” This involves the introduction of potential marriage partners by friends or family members with the goal of finding a suitable spouse.

6. Gender roles: Traditional gender roles may still be prevalent in some communities, with men being expected to provide for the family financially while women take care of household duties.

7. Pressure to start a family: Due to cultural expectations, there may be pressure on married couples to have children soon after marriage and large families may be encouraged.

8. Joint finances: It is common for married couples in Israel to have joint finances, where all income and expenses are shared between partners.

9. Multi-lingual families: In Israel’s diverse population, it is not uncommon for families to speak multiple languages at home, including Hebrew, Arabic, English or other languages depending on their background and heritage.

10.Traditions related to childbirth and child-rearing: In some communities, there are customs and rituals surrounding childbirth and the raising of children that may differ from Western norms, such as ceremonies to mark a child’s first haircut or naming traditions based on religious or cultural beliefs.