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.

---

Divorce

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

Divorce Advice: Getting Divorce Advice From the Right Source

Getting the right type of divorce advice depends on what... Read More

Hire Divorce Lawyer or Use Online Divorce Forms

When do you need to hire a family law attorney... Read More

The Heart Moves On: Using Ceremony to Mark the End of a Relationship

Divorce or the end of a long-term relationship is a... Read More

How to Recover From Divorce

As a licensed mental health professional, I work with many... Read More

Is Your Marriage Problem Severe Enough To Warrant Getting A Divorce?

Having a marriage problem can be agonizing especially if you're... Read More

Reasons You Arent Starting the Decision Making Process About Whether To Get a Divorce Or...

Stay MarriedAlong with any tough decision comes reluctance, especially when... Read More

10 Ways to Keep Divorce Lawyers From Ruining Your Life

Everyone has heard the story (from friends, co-workers, and family... Read More

Coping With Divorce Anger

Successfully releasing your anger will help you begin healing after... Read More

Advantages to Doing Your Own Divorce

There are many advantages to doing your own divorce. Three... Read More

Divorce--Overcoming the Obstacles to Agreement: Ten Steps

You're going to want to be working on your divorce... Read More

Divorce Roadmap: The Route Around the Legal System

Let's look at how a divorce case works so you... Read More

Divorce -Is It Lawful?

The question of divorce and its lawfulness is of long... Read More

How to Use a Divorce Lawyer

You want three things in your divorce attorney: expertise in... Read More

Anatomy of a Divorce: How it Really Works

The legal divorce vs. your real divorce The legal... Read More

Marriage Seperation - A Practical Guide

Finance in marriage seperation is a very big issue particularly... Read More

The Job of a Divorce Attorney

Marriage is a very solemn and serious chapter on any... Read More

How To Protect Your Life Insurance Policy While Going Through A Divorce

Life insurance, more than most things you buy, relates to... 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

A Time of Grief and Healing After Separation and Divorce

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

Divorce: How To Survive A Divorce And Move On With Your Life

One out of every two marriages in America is failing.American... Read More

Post-Divorce Alimony in Texas

This article provides a brief overview on Texas law concerning... Read More

Why Men Wont Commit To Marriage

A common reason why men wont commit could be due... Read More

How Women Should Protect Themselves Financially Regarding Divorce

Women who believe a divorce is a possibility or who... Read More

Love and Marriage Fairy Tale

When we were children we believed in fairy tales and... Read More

Deciding On Spousal Support

No matter which side you are on, spousal support is... Read More

Reasons For Divorce; What Constitutes Viable Reasons For Thinking About Or Wanting A Divorce?

According to the Center for Disease Control's National Vital Statistics... Read More

How Can Collaborative Law Be Beneficial In Your Texas Divorce?

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

Divorce--Getting Legal Help Without Paying Exorbitant Attorneys Fees

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

Joint Bank Accounts and Divorce

Here are some useful tips on joint bank accounts and... Read More

Top 5 To Dos Before Saying ?I Do?

1. DO allow yourself enough time to make one of... Read More

Divorce Articles: How To Get The Most From A Divorce Article

There are many types of divorce articles available on the... Read More

Rebuilding Your Life from the Ashes

One peculiar feature of a stepfamily is that they are... Read More