 |
 |
 |
 |
 |
 |
 |
 |
 |
|
 |
|
|
|
|
|
|
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.
MORE RESOURCES:
Google News |
 |
|
|
RELATED ARTICLES
9 Steps to Regaining Self-Esteem After Divorce Divorce is difficult at the 'best' of times. Even when a couple makes a combined decision to divorce, it can be extremely trying. Healing Dysfunctional Families In a recent article entitled "Some Evidence On How We Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications. Choosing Your Divorce Method The biggest mistake that people make when getting divorced is that they fail to plan. They simply decide to leave the relationship and then enter and ugly and expensive battle that ends up hurting everyone involved. Alienation of Affection - Interference with marriage can cost big bucks in North Carolina Non-lawyers are often surprised to learn that a spouse can sue for money damages in North Carolina based on allegations of emotional harm caused by a third party to the marital relationship. These lawsuits for "alienation of affection" and/or "criminal conversation" are usually brought by the innocent spouse against the guilty spouse's lover; but an alienation action may also be brought against someone like an in-law or other near relative who has advised a defecting spouse to leave the marital relationship. Dating Tips for Divorced and Widowed Moms Dating is tough for just about everybody, but it's even tougher for people who are divorced and widowed. Along with the fears of being "out of practice," there are often children's feelings to consider. Divorce and Children: Things To Consider When Youre Staying Married Only For Your Children All children are different and respond differently to divorce. Depending on the characteristics of the children - age, emotional maturity, happiness, resiliency to trauma - the easier or more difficult it will be for children to weather a divorce. Divorce--How the Legal System Works Against You If there were no legal system, no lawyers and no courts, divorce would still be difficult and it would still take time to go through it. Divorce is at least a major crossroad in your life, maybe even a full-blown life crisis. Divorce Decision: Things To Consider When Making A Decision About Divorce When making a divorce decision, there are quite a few things that you should consider. Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration. Things To Consider When Making A Decision About Divorce When making a divorce decision, there are quite a few things that you should consider. Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration. Child Support: 5 Key Things Every Parent Should Know There is no magic solution to getting issues surrounding child support resolved. Most parents know that when dealing with the bureaucracy tied to the child support system persistence, persistence, persistence is the key that opens the door. Credit and Divorce Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Why Men Wont Commit To Marriage A common reason why men wont commit could be due to their past. Men wont commit if they have witnessed their parents in the past arguing or rowing. Divorce, The Hardest Thing You Have To Do Knowing What To Do In DivorceKnowing what to do when you are faced with a divorce is often hard to figure out. But, you can and you will get through it. The Job of a Divorce Attorney Marriage is a very solemn and serious chapter on any person's life. However, due to personal reasons, a couple may decide to call everything off and file a divorce. Spousal Emotional Abuse During Divorce--What You Can Do Is your spouse violent, abusive, harassing? In cases of harassment or violence there are legal remedies and there are practical things you can and must do for yourself. This is not about reaching agreement--these are strategies for self-defense. 10 Ways to Keep Divorce Lawyers From Ruining Your Life Everyone has heard the story (from friends, co-workers, and family members) of the divorce from hell; the one that grinds on for years, costs untold thousands of dollars, and frustratingly plods its way through the court system. It costs people not only their marriage, but often their children, their savings, and their emotional well-being, as well. Surviving Divorce: What To Think About To Ensure Surviving Divorce Surviving divorce can be a valid fear if you're contemplating getting a divorce. In order to ensure surviving divorce, you should first understand that your divorce decision shouldn't be taken lightly. Divorce and the Stock Market The most recent statistics show that about 50% of all marriages end in divorce. It is not very encouraging to enter into any kind of relationship knowing that it only has a 50/50 chance of being successful. 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 Report of 2002, 50% of first marriages ended in divorce and 60% of remarriages end in divorce. But, the Center for Disease Control also found that 96% of Americans express a personal desire for marriage, and almost three-quarters of Americans believe marriage is a life long commitment. Spare Your Kids To 7 Most Distressful Divorce Parenting Situations What 7 most distressful situations to kids that divorced parents should avoid? Learn them to spare your kids from the painful consequences.1.
|
|
|
 |
 |
