Jewish Divorce Legal Expertise
Jewish Divorce Solicitors
If your marriage has broken down, our Jewish divorce lawyers can help you through the religious and civil divorce process. This is a complex area, and it is important to get specialist legal advice.
McAlister Family Law has over 35 years of experience in advising Jewish couples who are facing religious separation or divorce.
Our team has good relationships with Beth Din in London and Manchester and has experience helping members of Orthodox, Reform, Liberal, and Masorti synagogues with their divorce proceedings, navigating rabbinical courts, and managing financial settlements.
Jewish Divorce and Obtaining a Get
For a Jewish couple to be divorced according to Halacha (Jewish Law) they will need a Get, which is obtained by the husband from the Beth Din (also known as the Beit Din), an organisation that administers Jewish Civil Law for the Jewish community.
It recognises the English and Welsh Court system and operates with three Dayanim (judges) when it deals with hearings.
If you are Jewish and you want to remarry within the Jewish faith with a recognised Jewish marriage, you will need a Get as well as a civil divorce. You cannot rely on only obtaining one form of divorce.
Since April 2022 we have seen the introduction of No-fault divorce. The decree absolute has been replaced by the final order for divorce. It is assumed that the rule arising from the 2002 act will still apply but more care is needed in obtaining a stay if the husband who refuses to give a Get is the applicant in the divorce.
Advice for Jewish Women Hoping to Divorce
In cases where the husband refuses to apply to the Beth Din for a Get, the wife will require the status of Agunah – ‘a chained woman’. She will be unable to remarry under Jewish Law and if she enters a civil marriage she will be classified as an adulteress. Any children she has will be illegitimate by the Jewish community.
Because of the importance of the Get and the uneven playing field on which some orthodox women can find themselves, the Beth Din has worked with the Family Court to make matters fairer for Jewish women.
The result is an Act of Parliament called The Divorce (Religious Marriages) Act 2002. This provides that a civil Decree Absolute of divorce (required for a civil divorce) will not be granted to a husband who is withholding a Get.
This helps to prevent husbands from refusing to grant a Get to wives, particularly where there is an attempt being made to acquire a financial advantage – for example where an unreasonable offer of settlement is made in exchange for a Get.
This helps to prevent women in orthodox communities from being “held hostage” by their partners and ensures that marital property is able to be distributed equitably.
Divorce and Assistance from The Beth Din
The Beth Din and Rabinnic Court system is highly attuned to the abuse of the process by husbands and will work with the Family Court to prevent this happening wherever possible.
It is also the case that as an arbitration forum, the Beth Din can assist parties in reaching a mediated settlement – both with respect to child custody arrangements and their finances.
On occasion, the Family Court has agreed to stay its own proceedings to allow the Beth Din to help the parties reach a settlement.
In this jurisdiction, the Family Court will always retain overall jurisdiction over the Beth Din as to whether a settlement achieved is fair and can be made into a Consent Order. However, it is undoubtedly the case that negotiating and reaching an agreement is a far better solution than litigating through the courts.
What is The Process for Getting a Jewish Divorce?
You should expect the religious part of a Jewish divorce procedure to take a few months. But this will depend on how cooperative you and your spouse are.
It is important to remember that the Jewish divorce process needs to run alongside civil proceedings. It’s best practice to apply for a Jewish divorce before the civil Conditional Order has been pronounced. However, the Get will not be passed to the couple by the Beth Din until the civil final order for divorce has been issued.
The process for getting divorced varies depending on the branch of Judaism you are a member of. However, the general process is as follows:
- The person requiring the Get needs to contact the relevant Beth Din (Jewish court of law).
- The husband must grant the Get and the wife must receive it. For the Get to proceed, both parties must agree to it.
- Both parties will need to attend an interview at the Beth Din.
- The husband must then instruct a scribe to write the Get document.
- The husband must then hand the Get to the wife (although he can appoint a representative to do this if the couple does not wish to meet).
Our Jewish divorce solicitors are expert negotiators and will work hard to ensure you can move forward with your life. We have contacts at the Beth Din in Manchester and London, as well as experience helping people from all branches of Judaism.
Get in Touch with Our Expert Lawyers in Jewish Divorce
If you’re unsure where to begin with your divorce proceedings, we can help. Our experts have years of experience in jewish divorce so no matter what your situation is, our team is here to help.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at [email protected].
