Jewish divorce

If you obtain a civil divorce, but not a religious divorce then this can have major implications for your future relationships. Under Halacha, you will not be able to remarry in the Jewish faith until you are religiously divorced.

As a woman, lack of a Get comes with additional consequences. She will be termed an Agunah which means ‘chained’ in Hebrew. Any relationship she has will be considered adultery, even if she has a civil divorce. If she starts a new relationship with a man without having first obtained a Get, then she will not be permitted to religiously marry that man at a later date even if she eventually does receive a Get. It will also mean that any child she has outside of the marriage will be considered illegitimate (called Mamzer) and that child (and their descendants) will not be permitted to marry within Judaism in future.

You and your partner should apply for and obtain a Get as soon as possible. This is because the civil divorce process and resolving financial situations can polarise you both, and in these circumstances one party may not consent to a Get. It's better to obtain a Get sooner rather than later to avoid any issues later down the line with refusal to get a Get.

However, you should note that though you can apply for a Get whilst still living with your partner, it can only be prepared and given once you and your partner are living separately. In circumstances where you are both living in the same house during financial negotiations, this may cause a delay in obtaining a Get. Your legal advisor will be able to discuss the living arrangements with you to determine what may be more appropriate in your situation.

It's usually the husband who refuses to consent to the Get. Where this is the case, you will remain religiously married to them even if the civil divorce process is pushing forward. There are two key steps to take in this situation; the first is to apply to Beth Din for a hazmana and the second is to apply to the legal court to delay the making of the civil final order.

A hazmana is a summons for your husband to appear in front of the Beth Din to discuss the Get. Ultimately, the Beth Din cannot force your husband to consent to the Get. However, if he ignores the hazmana three times, it may lead to a seruv being issued against them which confirms that he is in contempt of Jewish court. A seruv carries sanctions and affects what he can do in the Jewish community; for example it may limit the business he can do and what synagogue he can attend.

You should also apply to the legal court in England and Wales to delay the making of a final order in the civil divorce process until your husband co-operates with the Get. The court will have discretion on whether to make an order to delay; it will do so where it is satisfied that in all the circumstances that it's just and reasonable to do so.

The order will often be made on the basis that the final order will not be granted until the parties declare to the court that they have taken all necessary steps to dissolve the marriage according to their religion. It will usually need to have a certificate from the relevant religious authority attached to it confirming the same, and any other documents proving the steps have been taken.

This will mean that your husband will continue to be legally married to you until they engage. Whilst they remain legally married to you, you will still be their spouse in law and entitled to certain benefits like spousal pension benefits and rights under inheritance law. The order by the court delaying the final order in civil divorce therefore acts as an incentive for them to obtain the Get.