Unlock the Wedlock

I’ve written previously about the failure to adequately address legal and social ramifications to the speedy changes to the family in the past decades. One of these issues is the move for same-sex marriages without adequately addressing other needs, such as the ramifications when these couples wish to get divorce.

Some in the United States refer to this as a state of “wed-lock”.

In this article from June of this year on the CNN site, the problem was described:

State laws are rapidly evolving with respect to same-sex divorce, but there’s no universal rule on it. Especially if the couple resides in a state that doesn’t recognize gay marriage, it’s hard to know what to do with the fact that a marriage was never dissolved. Wald said she’s surprised by the number of couples nationwide she’s heard about who marry without ending their previous marriages.

Since same-sex marriages are not recognized on a federal level, a lot of retirement packages can’t be divided up easily in a divorce, which creates financial issues that wouldn’t exist for heterosexual couples, Wald said. The tax ramifications may be completely different for a same-sex couple looking to legally split.

Custody issues over children also add unexpected difficulties in same-sex divorces. With same-sex couples, more often than with heterosexual couples, a child may be biologically related to one parent but not the other, even though both parents raised the child together from the moment of birth. That creates a power dynamic that may lead to legal complexities in divorce, since states vary widely on what rights they give to the non-related parent, Wald said.

Last week, Judge Yechezkel Eliahu of the  Tel Aviv District Family Court in issued a ground-breaking decision in which he ordered the dissolution of the marriage of two men who were married in Canada.

Here’s how the Times of Israel covered the story:

In a precedent-setting ruling that could have far-reaching repercussions for civil marriage and divorce in Israel, the Ramat Gan Family Court in late November approved a divorce request from a gay couple and ordered the Interior Ministry to officially register them as divorced, the couple learned on Sunday.

Actually, what the couple had asked for in their separation agreement was for the Ministry of Interior to erase their status as “married”.  The judge went a little further and actually declared the dissolution of the marriage.

Here’s the rest of the article:

Uzi Even, a professor at Tel Aviv University and a former Meretz MK, and Amit Kama, a lecturer at the Academic College of Emek Yezreel, filed a request at the Tel Aviv Rabbinical Court for an official divorce three years after they separated in order to allow Even to remarry, Yedioth Ahronoth reported in September.

Even and Kama wed in Canada in 2004, and upon returning to Israel asked the state to recognize their marriage. While the Interior Ministry initially refused their request, the state was forced by the High Court of Justice to register the couple in 2006 after a lengthy legal battle.

Israel does not have civil marriage, but the state recognizes civil unions performed abroad.

Three years later, the couple decided to part ways, but then the legal difficulties arose. While Canada allows non-citizens to marry in the country, divorces can only be registered for Canadian nationals — so Even and Kam couldn’t get a Canadian divorce.

In Israel, all matters of marriage and divorce are by law entrusted to the religious courts, and Jews must apply through the rabbinical courts. But Even and Kama couldn’t get divorced in the rabbinical court, because it had never recognized their marriage. So they turned to a lawyer, who drafted an agreement to part ways. This was the agreement that was approved by the Ramat Gan Family Court.

Haaretz reported that presiding Judge Yehezkel Eliyue used the High Court of Justice’s instructions to register married same-sex couples as the basis of his ruling. “Once the High Court of Justice ordered the registration of the marriage, the possibility cannot be considered that petitioners who have agreed to end their marriage should remain tied to each other,” the court said.

The ruling could have implications beyond gay rights. Instituting civil marriage and divorce and wresting control of family issues from the Chief Rabbinate has been a goal of secular political parties and activists for some time. The issue particularly resonates with Russian immigrants, a community with many members who are not Jewish according to traditional Jewish law and are therefore forced to marry outside the country.

Lecturer Kama told Haaretz that the verdict granting his divorce “shows the beginning of the undermining of the rabbinate.”

This entry was posted in Changing Families, Divorce, Interesting Court Decisions and tagged , , , , , . Bookmark the permalink.

One Response to Unlock the Wedlock

  1. Pingback: Who Owns Surrogacy? | The Missing Peace

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