Getting a Jewish Divorce in the UK

What is the Get?

The Get is the Jewish form of divorce. The husband and wife must co-operate in obtaining the Get. If a spouse does not co-operate then whilst he/she may have obtained a civil divorce, by decree absolute, the couple will not be considered divorced within the Jewish religion.

Where possible the religious divorce should be dealt with within the same timeframe as the civil proceedings.

My husband says that he will issue a civil divorce based on adultery ? does that matter?

Yes. This will have a significant impact on you and your new partner (if named in the petition).

The reason for this is that if a married woman commits adultery before she has her Get, she and that man will never be able to marry each other in a religious ceremony. The civil divorce petition will provide evidence of a sexual relationship before divorce and as a result preclude the couple from a religious marriage.

If the couple choose to have children, within the Jewish religion, they will be considered illegitimate. Consequently, this could result in their exclusion, to a certain extent, from their religious community.

My wife will only obtain the Get if I agree to her financial demands-what can I do?

It is not unheard of for one party to try and use the Get as a tool with which to make unreasonable financial demands of the other. Until recently, there was little that the legal system could do to help a person who is being denied a Get or pressurised because of it. However, recent changes in the law go some way to avoid an abuse of the religious process for divorce as against the civil one.

What to do?

If one spouse does not co-operate with the other, a new piece of legislation called the Divorce (Religious Marriages) Act 2002 can be invoked to facilitate the Get. The 2002 Act therefore assists Jewish spouses to obtain a Get (and also other religious usages where the co-operation of a spouse is required in order to obtain a religious divorce).

The 2002 Act amends an existing piece of legislation called the Matrimonial Causes Act 1973 by inserting a new section 10A. This section gives the court the discretion to delay the making of the decree absolute until the husband and wife have first obtained the Get. The court will make such an order where it is 'satisfied that in all the circumstances of the case it is just and reasonable to do so.'

The application will be prepared by your solicitor and submitted once the decree of divorce has been granted. The application is supported by an affidavit, which sets out the grounds on which the application seeks the order.

If the application is successful the court process is effectively suspended until such time as the parties have obtained their Get. The decree absolute will be granted if satisfactory evidence is placed before the court, which should be in the form of a declaration with the necessary certificate. The declaration confirms that the Get has been obtained and the certificate, which has been, issued by the 'relevant religious authority' corroborates that fact.

Finally, for the husband and wife who are divorcing and who are halachically Jewish, in order to ensure that the Get is recognised throughout the Jewish world it must be obtained from an Orthodox Beth Din.

Tracey Dargan practices family law with Curry Popeck, a firm of London solicitors.

---

Surviving Life After Divorce

After divorce, the most important thing you can do is... Read More

Deciding on Divorce: How to Know You are Making the Right Choice

It's a well known fact that in this day and... Read More

Divorce: Coping With The Family Law Process

The EmotionsDivorce is a scary, lonely and misunderstood process for... Read More

Marriage - Divorce - Separation - How to Handle the Split Loyalties with Friends After Separation

We have all most probably encountered it at some stage... Read More

Divorce and Children: Things To Consider When Youre Staying Married Only For Your Children

All children are different and respond differently to divorce. Depending... Read More

How to Select a Divorce Lawyer

Selecting a divorce lawyer to handle your family law case... Read More

5 Things To Do Before You Even Think About Getting A Divorce

There are many steps to take to protect yourself in... Read More

How Can Collaborative Law Be Beneficial In Your Texas Divorce?

Collaborative law is based on the realization that the commitment... Read More

Why Standard Visitation Should NOT Be Standard

When a nuclear family separates, it usually separates into a... Read More

Avoid Lawyers! Do-It-Yourself Divorce Saved Me Tons of Money!

Let me preface this by saying right up front -... Read More

Tax & Financial Impacts of Divorce: 10 Mistakes to Avoid

Divorce is something no one hopes will happen to them... Read More

Hidden Divorce Costs

Divorce has become part of life in the 21st century.... Read More

A Time of Grief and Healing After Separation and Divorce

I thought I would never feel the light of life... Read More

Divorce and the Stock Market

The most recent statistics show that about 50% of all... Read More

Divorce Makes Us Stronger

My friends call me the "Divorce Poster Child".At the age... Read More

Divorce--Getting Legal Help Without Paying Exorbitant Attorneys Fees

Ignorance is the most common trap in the business of... Read More

Too Many Divorces

My oldest boy asked me something the other day about... Read More

Credit and Divorce

Mary and Bill recently divorced. Their divorce decree stated that... Read More

Commitment

Being marriage means being fully committed to your husband as... Read More

Seven Sets of Documents You Need For Your Divorce

Even if you believe your case will ultimately be agreed... Read More

Spare Your Kids To 7 Most Distressful Divorce Parenting Situations

What 7 most distressful situations to kids that divorced parents... Read More

Dating Tips for Divorced and Widowed Moms

Dating is tough for just about everybody, but it's even... Read More

There Is Life After Divorce

A married woman becomes a single woman for one of... Read More

How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce

An uncontested divorce is the most common type of divorce.... Read More

Stop Divorce: Should You Try To Stop Your Divorce If Youre Just Thinking About Getting A Divorce?

Thinking about getting a divorce doesn't necessarily mean that you... Read More