Common-Law Partners — The Complete Guide: All the Rights, Obligations and Risks You Should Know

Common-law partners are couples who lead a shared family life and household without formal marriage. The legal status of common-law partners is intended to equate their rights and obligations with those of married couples in the areas of property, inheritance, and social rights.

Common-Law Partners — Definition, Conditions and Recognition:

More and more couples in Israel are choosing to live together without getting married, but in the absence of a marriage certificate many questions arise: what are our rights, who recognises us as a couple, and what happens if we separate or if one of the partners passes away.

This guide brings clarity and explains in plain language what it means to be common-law partners and how to avoid costly mistakes.

What exactly are common-law partners, and what are the threshold conditions for recognition?

Common-law partners are couples who live together, run a shared home, and feel like a married couple in every sense — but without formal marriage. Common-law partner status is not an official status obtained from a government office, but rather something determined primarily by rulings and tests applied by various bodies.

In principle, two things must exist for you to be recognised as common-law partners: you live as a couple and run a shared household.

In the past, the length of time was important, but today it is not necessarily the determining condition. Recognition as common-law partners is possible even after a relatively short period if the other conditions are clearly met.

What is the common-law partner test, and how is it determined whether you are truly a couple?

The common-law partner test is the way courts determine whether an unmarried couple is entitled to recognition similar to that of a married couple for purposes of alimony, property, pension, and more. There is no single law — rather, tests are applied that assess your life as a whole.

The central question: do you truly live as a couple, are your relationship and shared household stable, does your environment view you as a couple, and joint children can also serve as evidence of a common-law partnership.

In the past the law was rigid about length of time and shared accommodation, but today the test is more humane — the focus is on your genuine shared life, not merely formalities.

After how long are a couple considered common-law partners?

In Israel there is no fixed "waiting period" — 7 years or any other specific number is not required to be considered common-law partners. Courts and the National Insurance Institute look at your actual life: do you truly live as a couple, run a household together, and share your lives? If so, recognition is possible even after six months. If not, even 10 years will not suffice.

A long relationship certainly strengthens the evidence but is not the determining factor. There are cases in which courts recognised a couple as common-law partners after just 3 months, while couples who had lived together for 3 years were not recognised due to insufficient evidence of a genuine bond.

What is the difference between married couples and common-law partners?

The difference between married couples and common-law partners lies not in the rights themselves, but in the emotional and practical price paid to obtain them.

Married couples present a marriage certificate and enjoy immediate recognition everywhere — at the National Insurance Institute, in banks, in hospitals, and at the Ministry of the Interior. Everything is automatic, clear, and without questions.

As common-law partners you must prove your relationship again and again, at every institution anew — declarations, witnesses, documents, proof of residence. In most places you hear the phrase "prove to us that you are truly a couple". And it is not merely bureaucracy — it is an ongoing legal burden that demands time, money, and coping with uncertainty.

The rights are nearly identical, but the path to them is entirely different. Married couples live with certainty; common-law partners must fight for the most basic recognition of all — recognition as a family.

Official Recognition — How to Prove You Are Common-Law Partners

What is the recognition process for common-law partners

The process of recognition as common-law partners in Israel is neither uniform nor automatic like marriage — it depends on the body being approached. Each government body examines the status separately: the National Insurance Institute, the court, and the Ministry of the Interior.

When approaching the National Insurance Institute — for a benefit or rights — you fill in Form 107, a detailed questionnaire for common-law partners. You will also be required to attach evidence: a joint bank account, municipal tax or electricity bills in both your names, photographs from family celebrations, and two witnesses who will sign before a lawyer specialising in family law confirming that you are genuinely a couple.

In court: if you have a claim before a court — for example regarding property division or inheritance — you file a claim and bring evidence: WhatsApp messages, photographs, friends' testimony, and the judge decides whether you meet the conditions.

A court judgment establishes recognition for the purposes of the specific case, but it can be relied upon with other bodies as well.

Common-law partners and the Ministry of the Interior

The Ministry of the Interior does not register you automatically as common-law partners as the National Insurance Institute does. It recognises the status primarily when residency needs to be arranged for a foreign partner — what is known as "family reunification". You must prove that your relationship is genuine and not an arrangement for status purposes. The graduated procedure for common-law partners takes longer than for married couples.

Steps in the process:

Submit an application at the Ministry of the Interior with payment of a fee and complete a special form.

You must attach: declarations signed by both of you before a lawyer; joint photographs from weddings or holidays; a joint bank account; a rental agreement or ownership documents for the apartment; copies of passports and identity cards.

It is important to bring 2–3 close witnesses — family or friends — who will sign declarations confirming that you have genuinely been a couple for a long time.

A common-law partner certificate — who is it intended for?

In Israel there is no official document for common-law partners equivalent to a marriage certificate. There is no entry in the population registry, no single government document stating "you are recognised". What exists is a certificate from the National Insurance Institute — a document proving that it examined your situation and recognised you as a couple.

Who it is intended for:

For unmarried couples (including same-sex couples) who wish to receive rights such as allowances, pension, or inheritance. This certificate also eases dealings with banks, courts, and other institutions — you do not need to prove everything from scratch each time.

Common-law partners and the National Insurance Institute — how to submit a correct declaration and obtain a certificate

Download Form 107 from the National Insurance Institute website. The form is a questionnaire that assesses whether you are living like a married couple. It is important to fill it in honestly, as false information can result in fines or cancellation of rights.

Completing the form:

Start with the basics: names, identity card numbers, address, then information about your relationship, and attach evidence: municipal tax and electricity bills, a joint bank account, photographs, and witnesses who will confirm before a lawyer that you are living as a couple.

Describe how you live: whether you have a joint bank account, how you divide expenses, whether you have a joint rental agreement, how your families view you, and what your joint plans for the future are.

Bring witnesses: 2–3 people who know you (not parents). They will complete a section of the questionnaire and confirm that you are a couple. The signatures must be authenticated by a lawyer or notary.

Submit to the National Insurance Institute, and they will review the application. This takes weeks to months.

Rights, Obligations and Property — Everything You Need to Know About Life as Common-Law Partners

Rights of common-law partners: the complete guide to exercising your rights

As common-law partners you are entitled to almost all the rights of married couples, but you must prove your status each time anew.

At the National Insurance Institute you are entitled to a survivor's benefit (if a partner passes away), to maternity allowance and parental leave for both partners, exactly like married couples. If one partner is not working, there is an exemption from payment of National Insurance and health insurance contributions.

How to exercise these rights? Complete Form 107 at the National Insurance Institute and attach evidence of the relationship.

Inheritance and pension: if there is no will and a partner passes away, the surviving partner inherits a portion of the estate in accordance with the Inheritance Law. You are also entitled to a survivor's pension from the pension fund.

How to exercise these rights? Through a claim in the family court with declarations and witnesses.

Property and alimony: upon separation, property accumulated during the shared life is divided equally. You are also entitled to temporary alimony during the separation period.

How to exercise these rights? Through a claim in the family court.

Work and taxes: you are entitled to sick days to care for an ill partner and to tax credits under income tax.

How to exercise these rights? Present a certificate from the National Insurance Institute or a court judgment to the employer or to the tax authority.

There are also obligations — joint insurance contributions, joint taxes, and liability for the partner's property debts.

Resource equalisation for common-law partners

Resource equalisation is a mechanism that equally divides the property accumulated by spouses during the marriage. Upon divorce, each receives half of the joint assets, with the exception of inheritances or personal gifts.

This law applies only to officially married couples, not to common-law partners.

Instead of automatic equalisation, common-law partners are subject to the "presumption of sharing". If you wish to divide an asset, it must be proven that there was genuine joint effort — for example, joint management of the home, joint bank accounts, or joint investment in an asset.

Whoever claims entitlement to a share of the property must bring concrete evidence. It does not happen automatically as it does with married couples.

The Property Relations Law — what does it mean for common-law partners?

The Property Relations Between Spouses Law, 5733–1973, does not apply to common-law partners but only to married couples. In its place, the presumption of sharing applies, whereby property accumulated jointly belongs to both of you unless separation is proven. It is therefore strongly recommended to draw up a "cohabitation agreement" — a document that regulates the division of property and economic management rules in advance, and one that does not necessarily require court approval.

This agreement saves headaches, clarifies expectations in advance, and preserves mutual respect even if your paths separate.

Common-law partners and property division

Unlike married couples, common-law partners have no automatic property division — instead, the presumption of sharing applies. If you wish to divide an asset, you must prove that you accumulated it together.

When dividing property, the court examines two things:

Whether you truly lived as common-law partners, and whether the specific asset was acquired with the intention of joint ownership — for example, an apartment you paid for together, joint savings, and so on.

You must present to the court joint bank accounts, mortgage payments, receipts, WhatsApp messages about joint plans, and witness testimony.

Our tip: a cohabitation agreement saves all of this. Without an agreement, you need to prove everything in court, which is complicated and expensive.

Common-law partners and income tax

The Tax Authority does not regard common-law partners as a couple for income tax purposes. Each partner files a tax return separately, and not as a joint family unit as married couples do.

And there is an advantage to this: when each person reports separately, you remain in lower tax brackets. Instead of the combined income being pushed into a high tax bracket, each person pays tax only on their own income.

Common-law partners and the Mehir LeMishtaken programme

As common-law partners you are entitled to participate in the subsidised housing programme Mehir LeMishtaken, provided you meet the general criteria such as age, income, and not having previously owned a home, and you provide proof of your common-law partner status.

Agreements and Advance Arrangements — How to Protect Yourself and Your Family

What is a financial agreement for common-law partners (a cohabitation agreement)?

A cohabitation agreement is the equivalent of a prenuptial agreement, which applies only to married couples. It is a legal document that regulates all economic and family matters between you and prevents future disputes over property, inheritance, and alimony.

The agreement includes: a declaration that you are common-law partners, property division (joint or separate), rights to the apartment, alimony upon separation, inheritance, and additional clauses as needed.

The agreement is drafted by a common-law partner lawyer tailored to your unique needs, both of you sign it, and it is then submitted for approval to the family court. The agreement also serves as proof of your status before the National Insurance Institute and other bodies.

What is a joint parenting agreement for common-law partners?

This is a legal document that establishes all arrangements regarding the raising of children: who is responsible for what, how important decisions are made — regarding education, health, and more — and what happens if you separate.

The agreement includes: time with each parent, division of parental responsibility, child support and special expenses such as extracurricular activities and treatments, and a residential arrangement — both currently and in the event of separation.

Our tip: it is advisable to have the document approved by the court. When the court approves the agreement it becomes a binding judgment that cannot be disregarded. This prevents future disputes and uncertainty.

Common-law partners: inheritance, a will, and what the law says

As common-law partners you are entitled to inheritance exactly as married couples are, pursuant to Section 55 of the Inheritance Law, provided that you lived together as a family and ran a shared household, and that neither of you was married to another person at the time of death.

If a partner passes away without a will, the surviving common-law partner inherits as if you had been married — meaning you have automatic inheritance rights, provided the common-law partner status has been established.

Our tip: it is preferable to draw up a will in advance. A will prepared in advance saves a great deal of difficulty and hardship, particularly in situations involving a second family.

Separation, Ending the Relationship and Cancellation of Recognition

Common-law partner separation — how to end the family relationship?

Separation of common-law partners does not require a religious divorce or formal procedure — you simply move to separate lives. However, in order to properly conclude the legal and economic relationship, it is important to do this correctly.

Establish the precise date of separation — this is important for the division of property and rights: what was accumulated before and what after.

Draw up a separation agreement — it is recommended to reach agreement on the division of property, the apartment, the accounts, and everything relating to children. This avoids lengthy and costly legal disputes.

If you cannot reach agreement, approach the family court — in the event of disagreement you will need to file claims on matters such as custody, child support, and property division.

Arrange matters relating to the children — just like married couples, you need to establish parental responsibility, time arrangements (custody), and payment of child support.

Update the National Insurance Institute — officially notify the National Insurance Institute of the separation in order to change your status.

What are the rights of a common-law partner upon separation?

Property division: upon separation, as a common-law partner you are entitled to half of the property accumulated together — apartment, savings, pension — but you must prove that the property was accumulated jointly. Assets that were yours before the relationship remain yours.

Wife's alimony: unlike married women, the partner is not automatically obligated to pay alimony. However, if you were economically dependent on them for years, the court can order the payment of temporary alimony — known as rehabilitative alimony — to help you become financially independent.

Child support: there is no difference from married couples — the father is obligated to pay child support according to age, needs, income disparities, and time arrangements.

Custody: both parents have equal rights and the court decides according to the best interests of the child.

Residential apartment: if you lived together, the common-law partner is entitled to continue residing in the apartment even if it is registered in the partner's name, provided specific intent of joint ownership in the property has been established.

How is common-law partner status cancelled?

Cancellation of the status occurs when you actually end your shared life. There is no need for a divorce through the rabbinate or a religious divorce.

5 important steps:

Clear notice — provide your partner with written notice that you are ending the relationship.

Physical separation — moving to separate accommodation and separating bank accounts.

Separation agreement — it is strongly recommended to draw up an agreement regulating the division of property.

Updating official bodies — notify the National Insurance Institute and other bodies of the cancellation of the status.

Cancellation of legal documents — cancel powers of attorney, wills, and medical powers of attorney that were executed during the relationship.

Disadvantages of Common-Law Partner Status

Despite the many rights, there are several significant disadvantages that are important to know:

Legal uncertainty: there is no uniform law as in marriage. Property division, for example, depends on evidence in court — you must prove that you accumulated everything together. It does not happen automatically as with married couples.

Loss of allowances: recognition as common-law partners cancels entitlement to income support, an increased child allowance, or grants for single individuals.

No automatic alimony: unlike married women, the partner is not obligated to pay alimony — only in special cases of economic dependence.

Inheritance risks: without a mutual will or a regular will, you inherit only a portion of the estate and not necessarily everything, while being exposed to a struggle against other heirs — if any exist — in order to prove your status.

Joint debts: financial obligations such as taxes can be joint, even if you were not the one who created them.