Utah marriages – civil marriages in Israel by video conferencing (important legal information)

What are Utah marriages, and how do they enable civil marriage registration in Israel? As we know, couples cannot marry in a civil marriage within the borders of Israel. However, Israeli law stipulates that the Interior Ministry must recognize marriages that were legally conducted and registered abroad and register the couples as married in Israel. An important ruling by the Administrative Affairs Court from July 2022 means that a civil marriage conducted via video conference (also known as a Utah marriage) must also be recognized in Israel. In this article, attorney Joshua Pex, an expert in family law and civil marriage registration in Israel, explains everything you need to know about this issue.

A civil marriage without leaving your home – now it’s possible!

It is often said that technology tends to precede the law. This is true, for example, regarding copyright and intellectual property violations, which have become more accessible than ever due to technological advancements, and the law has failed to provide adequate methods to deal with this phenomenon. The same is true of civil marriage registration in Israel. While Israeli law still refuses to recognize civil marriages conducted within Israeli borders, current technology enables couples to get married without leaving the territory of Israel and without even leaving their home.

You may have seen media reports about the state of Utah in the United States that have begun to recognize marriages conducted through video conferencing (using the Zoom app). Once a ceremony is concluded, Utah authorities issue an official certificate confirming the marriage. This method has allowed Israeli couples who were unable to physically leave Israel during the Coronavirus pandemic to get married and then legally register their marriage with the Interior Ministry. Following reports in 2020 that several couples married this way had their marriages lawfully registered, it was decided to freeze all additional applications submitted to the Interior Ministry, which were later rejected. This rejection was overturned following a vital precedent the Administrative Affairs Court set in July 2022, which we explain in detail below.

What did the court rule on the matter?

The Administrative Affairs Court in the Central District heard an appeal by couples who had married via video conference and obtained official recognition from the state of Utah in the United States but whose marriages had been refused registration by the Interior Ministry. The court accepted the appeal and ruled that the Interior Ministry must register the plaintiffs’ marriplaintiffs’ourt decision courtesy based on the fact that the couple’s marriage, issued in Utah, was ultimately a legally valid public certificate. Legal precedents by the Supreme Court on the subject state that marriages are only to be refused registry in cases where the certificate is of questionable authenticity or there is reason to suspect that the registration details are incorrect. These were not the circumstances of the above cases. Therefore, it was ruled that the certificates must be recognized and the marriages duly registered.

In addition, the court’s ruling was based on the fact that several couples who were married in this manner had already had their marriages registered in Israel. In light of the above, it was ruled that on the principle of equality, the marriages of the couples who appealed to the court must also be recognized to prevent discrimination. Moreover, the court rejected the Interior Ministry’s claimsMinistry’smarriages were held on Israeli territory. It was ruled that the issue is a complex judicial matter which is not under the authority of the Interior Ministry. In light of the above, it was finally ruled that those who got married in a Utah marriage ceremony must be registered in the Population Registry as married. Although the court emphasized that the decision was made according to legal precedents, this ground-breaking ruling enables couples to get married using advanced technology and have their marriage recognized in Israel without needing to leave the country to marry and legally register their marriage.

What is required to register a Utah marriage?

Like other marriages conducted abroad, in countries such as Cyprus, the Czech Republic, and Georgia, the couples must present a public certificate attesting to the marriage. To the Interior Ministry. Because these certificates are issued in a foreign country, they must be duly authenticated (by an apostille stamp). In most cases, this is enough for the Interior Ministry to recognize the certificate and change the personal status of the couple to marry in the Israeli Population Registry, according to Israeli law and Interior Ministry regulations on the subject.

However, sometimes the Interior Ministry may make getting a certificate recognized and the marriage registered difficult. For example, for marriages conducted according to the law in El Salvador, as a rule, instead of registering their marriages in a standard fashion, the Interior Ministry recognizes the couples as married by common law. Therefore, we recommend seeking assistance throughout the process from an attorney who specializes in handling the issue with the Interior Ministry and the Population and Immigration Authority to ensure that your marriage is indeed conducted legally and can be registered accordingly.

Although  you don’t have to be present in Utah to register the marriage, an affidavit acknowledging familiarity with Utah law on marriage and marriage dissolution must be signed before the county clerk of the county where the ceremony was held. The signer can be a proxy (hold a power of attorney) from the spouses  – but they must be physically present to sign the affidavit in the presence of the clerk.

Utah marriages in Israel – contact an attorney specializing in civil marriage registration with the Interior Ministry

In this article, we presented a vital ruling recognizing Utah marriages, allowing Israeli couples to be married in a ceremony conducted via video conference. If you have questions or need assistance, we are at your disposal. The attorneys from our firm, whose offices are located in Jerusalem and Tel Aviv, specialize in family law, representing couples before the Interior Ministry in civil marriage registration procedures and obtaining legal status in Israel. You can contact us at the phone numbers and email address below.

The limitations to the loophole – A new update to the Utah Marriage Laws

It may seem like it is straightforward at this point to get married via the introduction of Zoom into the proceedings.  However, in a recent change of events, as of May 1st, 2024, due to the newly amended legislature in Utah, it has become increasingly tricky to become “virtually married.” This is due to an amendment in section 30-1-10 stating a new requirement for a signed affidavit to be given to the county office, providing the marriage license to both parties of the to-be-married couple. Given the now required physical aspect of a virtual marriage, it is now fairly more difficult for an Israeli couple to obtain one of these marriages.

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