Common-Law Partners After 7 Years: Is There Really Such a Rule?

The term "common-law partners after 7 years" is based on a legal myth. In Israel there is no fixed relationship period and no requirement to live together for seven years in order to be recognized as common-law partners. The decision is made according to the actual circumstances of the relationship – mainly whether the couple have a family life, run a shared household, how committed they are and whether they intend to share their lives. The length of the relationship is only one of the considerations and does not determine the status on its own.

Table of contents:

• Common-law partners after 7 years: a myth
• When are a couple considered common-law partners?
• What circumstances are examined for recognition?
• How do you prove common-law status?
• What rights may common-law partners have?
• Does recognition as common-law partners give a right to half of the property?
• How can the relationship be regulated in advance?
• Common-law partners after 7 years - FAQ

Common-law partners after 7 years: a myth

When it comes to defining a couple as common-law partners, the length of the relationship does not on its own indicate or determine their legal status. Contrary to the myth that common-law status is granted automatically after seven years together, the law does not require or set any particular period, and each case is examined on its merits.

The law sets no fixed relationship period

The definition of common-law partners does not appear in Israeli law at all, and the conditions for being defined as such are based on case law developed over the years. Nor does the law address a minimum length of time for being defined as common-law partners; the main test is an intimate, committed relationship and a shared household. Admittedly, the fact that a couple have had a long-term relationship of seven years or more can indicate and help prove that they are common-law partners. However, couples in a shorter relationship can also be recognized as common-law partners if the other conditions are met.

The length of the relationship is only one of many considerations

The definition of a couple's status as common-law partners rests on case law in this area over the years. According to case law, for a couple to be recognized as common-law partners they must prove a shared household and financial partnership, and that they have a committed, intimate relationship like any married couple. The length of the relationship can certainly indicate a stable, long and committed relationship, but couples in a short relationship can tie their lives together just as much.

When are a couple considered common-law partners?

Common-law partners are couples who are not legally married but run a household like any other married couple. An unmarried couple are considered common-law partners when several conditions are met: they have a family life and a committed relationship and run a shared household. Recognition is not automatic and does not require official registration.

Family life

Family life is one of the tests for recognizing a couple as common-law partners. The couple must prove that their relationship is like that of any married couple - stable, committed and intimate - and that they form a family unit in every respect (with or without children).

Running a shared household

Running a financial partnership and a shared household is the second condition. Just as married couples run their family unit as a shared household, so do common-law partners. They must show that they run the home – bills, rent, mortgage, bank accounts – as a single family unit.

The couple's intention to share their lives

Not every two people who live together will be considered common-law partners, and not every couple will either. One of the tests is that the two have tied their lives together, just like any other married couple, and that they have a genuine intention to live together and share their lives as if married. To obtain common-law status, the couple must prove this genuine intention, show a committed relationship and an intimate bond, and prove that those around them also see them as a married couple in every respect.

What circumstances are examined for recognition?

Recognition of a couple as common-law partners is determined by all the circumstances of their shared life. The two main conditions are family life and a shared household, and these are examined through the couple's daily conduct, where they live, their financial partnership and how others see them.

Living arrangements and daily conduct

In the past, the couple had to live together under one roof to be recognized as common-law partners. In recent years, however, case law has gradually relaxed this requirement, because in some cases couples cannot live in the same home for various reasons and constraints (work in a distant location, children from previous marriages who live in another city, etc.). Living together is not an absolute condition; essentially, the couple are asked to show that their partnership is a day-to-day one and that they run a single family unit like a married couple.

Financial partnership

The way the couple maintain a financial partnership is an essential part of defining them as common-law partners. Do they share housing costs? Do they share the costs of their children's education? Payments to the authorities? To the electricity company? As a rule, the family unit does not have to be run from a single joint bank account – here too, the main thing is to show that the couple run the family unit together.

How the couple present themselves to others

How others perceive the couple helps prove their relationship. Here the question is how those around them define the couple: Do they attend family events together? Are they seen as a "married couple" by neighbors and friends? How do they present themselves to official state institutions? The couple's conduct in this respect shows their intention to tie their fates together and run a single, permanent family unit.

How do you prove common-law status?

To prove common-law status, you must show that two main conditions are met: family life and a shared household. The proof is based on a body of evidence and documents that present a picture of life as a couple.

Documents showing a shared life

These are documents that can serve as evidence that the couple indeed have a committed relationship and a financial partnership. For example, a cohabitation agreement, which is a kind of property agreement for common-law partners. A cohabitation agreement can indicate the couple's intention to build a family life together. Other documents include official documents from state institutions that can attest to a relationship and a single family unit, for example: registration of shared children.

Bills, expenses and shared assets

Other documents that can show a shared life and a shared household are documents showing joint financial conduct – a joint bank account or proof of household expenses (municipal tax, water bill, electricity bill). Documents showing that the couple live together (such as a rental agreement or deed of sale) can also show the existence of a shared household.

Testimony from family members and friends

To prove that the couple have a committed relationship, just like a married couple, affidavits and testimony from family members, friends and neighbors can be used. Testimony from those close to the couple is needed to verify that the relationship exists.

What rights may common-law partners have?

Common-law partners may be entitled to rights similar to those of married couples – first and foremost property rights that allow assets to be shared, inheritance rights, and social rights and benefits.

Rights in property and the residential apartment

Common-law partners may be entitled to rights in property and in the residential apartment, even if these are registered in the other partner's name. Whereas for married couples the division of property is based on the balancing of resources under the Spouses (Property Relations) Law, for common-law couples the division is based on the joint ownership rule. The presumption of joint ownership allows property rights to be divided if an intention to share is proven. Thus, the rights in the residential apartment may be divided between the parties even if it is registered in only one partner's name.

Inheritance rights

Under Section 55 of the Succession Law, common-law partners are entitled to inherit from each other, provided that they were not married to other people at the time of death and that there is no will stating otherwise. As far as the law is concerned, common-law partners are treated like a legally married couple with regard to the order of inheritance.

Pension and National Insurance rights

Common-law partners are entitled to various allowances, like married couples – for example, a survivors' pension or a dependants' pension from the pension fund upon the death of the insured partner. As far as the National Insurance Institute is concerned, a common-law wife who does not work and relies on her partner's income is entitled to an exemption from paying National Insurance and health insurance contributions.

Does recognition as common-law partners give a right to half of the property?

Recognition as common-law partners does not automatically give rights to half of the property. Unlike for married couples, the burden of proof for sharing property is higher and requires further proof beyond a shared life.

The difference between recognition of status and sharing of property

Recognition of a couple's status as common-law partners makes a right to equal division of property possible, but it is not automatic. To obtain rights in the partner's property, a specific intention to share that asset must be proven.

How can the relationship be regulated in advance?

Common-law partners can regulate their relationship in two ways: a cohabitation agreement and a will. The cohabitation agreement defines the couple's financial arrangements while they are alive, while the will protects the parties, according to their wishes, when either of them dies.

Cohabitation agreement

A cohabitation agreement is a property agreement intended for unmarried common-law couples. In the agreement, the partners determine how property will be divided between them, the separation mechanism and all the financial arrangements concerning their relationship. In this way, each party can keep their own assets or share them with the partner in the event of a separation, avoiding the need to prove whether or not there was an intention to share. The agreement looks to the future, and its purpose is to create certainty between the partners and prevent arguments and legal battles if the family unit breaks up.

Will and updating beneficiaries

While a cohabitation agreement concerns the couple's financial arrangements during their lifetime, it is the will that creates certainty in the event of death. As a rule, under the Succession Law, a common-law partner is entitled to inherit their share as a spouse in the deceased's estate (for example, half of the estate alongside the children), provided that neither partner was married to someone else at the time of death and that there is no will stating otherwise. If there is no will, the deceased's estate is divided according to the statutory order of heirs and not necessarily according to the deceased's wishes. A will allows the parties to leave their property to each other and not to others, or in any way the deceased wishes, and can prevent legal disputes with other heirs.

Common-law partners are also entitled to receive benefits from the deceased partner's insurance policies, but it is important to make sure that the parties are registered as beneficiaries in the policy.

Common-law partners after 7 years - FAQ

Is a 7-year relationship enough to be recognized as common-law partners?

No, the length of the relationship is not enough for a couple to be recognized as common-law partners. The claim that seven years is enough for recognition is a myth with no basis in reality. The law does not set any period of time after which a couple are defined as common-law partners. However, a long-term relationship can help prove that the couple are indeed common-law partners.

Do you have to live together?

Living together is not a condition for recognition as common-law partners. In the past, the courts relied on living together as a condition proving a shared household, but over the years it has become clear that the fact that a couple do not live under the same roof does not mean they are not common-law partners or do not run a shared household.

Do separate accounts rule out the status?

Separate bank accounts do not show that a couple are not common-law partners, but they may help prove that there is no intention to share assets. Either way, the courts examine the relationship and the running of the shared household as a whole, and this can be shown through the way the couple split expenses.

Is a long relationship enough for recognition?

No, a long relationship is not enough for a couple to be recognized as common-law partners. To obtain common-law status, further conditions must be proven, such as running a shared household and a financial partnership, family life and a committed relationship like that of a married couple.

Who drafts a property agreement for common-law partners?

In theory, any licensed lawyer. In practice? It's better not to compromise. Drafting a cohabitation agreement requires great expertise, so it is advisable to choose a family lawyer who knows exactly how to secure your future and prevent disputes down the road.