A divorced Jewish couple who have not followed the correct process for obtaining a Jewish divorce can face significant repercussions in Jewish religious life, affecting themselves, their children, subsequent children and other relatives.
Background
The Jewish divorce is finalised when a document known as a “Get” (which means Jewish divorce) created on the instruction of the husband, is given by the husband to the wife in front of the Jewish religious court (“the Beth Din”).
Each Get is individually tailored to the divorcing couple.
What is the relationship between the Jewish divorce and the civil divorce?
The Jewish and civil divorce processes are dealt with separately. Therefore, a former couple may be divorced in Jewish law but not in English civil law (and vice versa).
In practice, the Beth Din will not normally permit a Jewish divorce between the parties until the Conditional Order of the civil divorce is in place, thus ensuring that there is no “limping marriage”.
Do I need a Get?
You will need a Get if you are married under Jewish law and you are wanting to get divorced.
What is the procedure for obtaining a Get?
A Get can be obtained at any time after the parties have separated.
Either husband or wife can apply to the Beth Din, providing their name, address and phone number, contact details of the spouse and a copy of the Jewish Marriage Certificate (“Ketubah”) and Conditional Order of Divorce (and Final Order of Divorce of already obtained).
The Beth Din will then acknowledge the application for a Get and invite each party to a preliminary hearing. The preliminary hearing can be carried out separately if either party wishes.
The Get can only be finalised when the husband attends to give instructions for the writing of the Get at that appointment and then provides the completed Get to his wife (or a proxy to hand to his wife).
Once the Get has been issued to the wife, it will usually be retained at the Beth Din. Both the husband and the wife will receive a Get certificate.
What is the cost of a Get?
A Get generally costs somewhere in the region of £700.00 although members of the United Synagogue are often offered a reduced rate (at roughly £500.00).
Until payment has been made, the Beth Din will not issue the Get certificate.
When should I apply for a Get?
You should apply for the Get as soon as possible after you have separated (and in any event before the pronouncement of the Conditional Order of divorce in civil proceedings).
The Divorce (Religious Marriages) Act 2002 allows a party to apply to the Court for an order to delay the making of the Final Order of divorce until the other party has co-operated with the Get. The Court will only make the order if it is satisfied that doing so is just and reasonable.
Do I need the consent of my spouse for a Get?
Yes, the Get is given to a wife by her husband and must be consensual and carried out without the coercion of either party. The Beth Din cannot override the consent of the parties.
The withholding of consent to a Get can be considered a form of domestic abuse and can lead to the withdrawal of certain privileges of United Synagogue membership, such as burial rights.
In some non-orthodox denominations, however, the consent of both parties is not required for the Get to be obtained.
What happens if a Get is refused?
- Neither party can remarry under a religious authority until a Jewish divorce has been obtained.
- If a husband refuses to give his wife a Get, the wife would be known as a chained woman (an “Agunah”) who is not free to remarry. If the wife decides to remarry without the Get, she will be considered by Jewish Law as being adulterous.
- If the wife is in a relationship with another man before receiving her Get, she would not be able to marry that man, even after receiving her Get.
- If the wife proceeds to have children before receiving a Get, the children will be regarded as illegitimate under Jewish law. This would prevent them (and their descendants) from marrying in an Orthodox synagogue.
Effect of the Get
After the Get has been made, the parties are divorced in Jewish law. However, they will not be able to remarry in the United Kingdom until after they have obtained a civil divorce.
Subject to having obtained the civil divorce, once a Get has been provided, the former husband can then remarry in Jewish law. However, the former wife must wait ninety-two days after receiving her Get to remarry.
It is important for a family lawyer to ensure that a Get is granted following the Conditional Order of divorce but before the Final Order of divorce is pronounced.
We suggest that you take legal advice on your individual circumstances as soon as possible. Rayden Solicitors will guide you through the process of obtaining a Get upon a breakdown of your Jewish marriage and advise you to help you reach an arrangement that is right for you and your family. If you would like to discuss the circumstances of your case, please contact us.
