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.
Stay MarriedAlong with any tough decision comes reluctance, especially when... Read More
This article and my articles "Overcoming Obstacles to Agreement" and... Read More
It can be difficult to get over a divorce and... Read More
Even if you believe your case will ultimately be agreed... Read More
Let's look at how a divorce case works so you... Read More
1. DO allow yourself enough time to make one of... Read More
The legal divorce vs. your real divorce The legal... Read More
Thinking about getting a divorce doesn't necessarily mean that you... Read More
Going through a divorce is a very challenging time in... Read More
Divorce has become part of life in the 21st century.... Read More
During a wedding ceremony, when people are joined together in... Read More
1. Have an Clear Written Fee AgreementMost experienced and effective... Read More
Women who believe a divorce is a possibility or who... Read More
Divorce is difficult at the 'best' of times. Even when... Read More
A married woman becomes a single woman for one of... Read More
The biggest mistake that people make when getting divorced is... Read More
Being in a loveless marriage is a frustrating predicament, but... Read More
Surviving divorce can be a valid fear if you're contemplating... Read More
A common reason why men wont commit could be due... Read More
Of course you want to get your Judgment--that's the goal... Read More
When a nuclear family separates, it usually separates into a... Read More
If you are in a sexless marriage and are unhappy... Read More
What 7 most distressful situations to kids that divorced parents... Read More
Successfully releasing your anger will help you begin healing after... Read More
For the over 50% of marriages that end in divorce,... Read More
I thought I would never feel the light of life... Read More
When a couple decides their marriage is over, a tremendous... Read More
There is no magic solution to getting issues surrounding child... Read More
The most recent statistics show that about 50% of all... Read More
Everyone has heard the story (from friends, co-workers, and family... Read More
There are many steps to take to protect yourself in... Read More
Let me preface this by saying right up front -... Read More
It is fitting that I should write this story on... Read More
While divorce can be an emotionally draining experience, even in... Read More
No matter which side you are on, spousal support is... Read More
This article provides a brief overview on Texas law concerning... Read More
Finance in marriage seperation is a very big issue particularly... Read More
There is no magic solution to getting issues surrounding child... Read More
The most recent statistics show that about 50% of all... Read More
When we were children we believed in fairy tales and... Read More
Life insurance, more than most things you buy, relates to... Read More
Stay MarriedAlong with any tough decision comes reluctance, especially when... Read More
There are many types of divorce articles available on the... Read More
1. DO allow yourself enough time to make one of... Read More
Going through a divorce is a very challenging time in... Read More
My friends call me the "Divorce Poster Child".At the age... Read More
Divorce has become part of life in the 21st century.... Read More
Marriage is a very solemn and serious chapter on any... Read More
The EmotionsDivorce is a scary, lonely and misunderstood process for... Read More
Seven Tips to help you keep more of your money... Read More
One out of every two marriages in America is failing.American... Read More
We have all most probably encountered it at some stage... Read More
One peculiar feature of a stepfamily is that they are... Read More
It can be difficult to get over a divorce and... Read More
If you are in a sexless marriage and are unhappy... Read More
What 7 most distressful situations to kids that divorced parents... Read More
When making a divorce decision, there are quite a few... Read More
Divorce is something no one hopes will happen to them... Read More
In a recent article entitled "Some Evidence On How We... Read More
Mary and Bill recently divorced. Their divorce decree stated that... Read More
Dating is tough for just about everybody, but it's even... Read More
Getting the right type of divorce advice depends on what... Read More
Ignorance is the most common trap in the business of... Read More
All children are different and respond differently to divorce. Depending... Read More
It is always the children that suffer the most when... Read More
According to the Center for Disease Control's National Vital Statistics... Read More
Divorce |