How Does the Jewish Divorce Process Work?
Article Summary
If you are ending a Jewish Divorce, obtaining a civil divorce in this country alone may not be enough. Under Jewish law, many couples also require a Get, a religious divorce document that formally ends a Jewish marriage. Understanding how the Get process works, when to apply, and how it fits alongside civil divorce proceedings can help you avoid unnecessary delays and ensure both legal and religious requirements are met.
What Is a Get?
For many Jewish couples, divorce involves two separate processes.
The first is the legal separation and divorce process through the family courts in England and Wales, which ends the marriage under civil law. The second is a religious divorce, known as a Get, which is required under Jewish law for many practising members of the Jewish faith.
A Get is a formal divorce document written specifically for the husband and wife. Once it has been properly issued and accepted, it confirms that the religious marriage has ended.
Without a Get, some individuals may remain married according to Jewish law, even after receiving a Final Order which formally ends their marriage through the Family Court. This can have significant religious and personal consequences, particularly if either person wishes to remarry within Judaism.
Why Is a Jewish Divorce Important?
A Jewish Divorce is not simply a tradition. For many people, it is an essential religious requirement.
Within Halacha, the body of Jewish law derived from the Torah and the Talmud, a marriage continues to exist until a valid Get has been granted and accepted. Without completing the Jewish divorce process, issues may arise including:
- Being unable to remarry within the Jewish faith
- Difficulties relating to future religious marriages
- Ongoing religious recognition of the marriage despite the civil divorce
- Emotional uncertainty for both parties and their wider family
For observant Jewish couples, obtaining a Get provides religious closure alongside the legal end of the marriage.
How Does the Jewish Divorce Process Work?
The Jewish Divorce process is administered by a Beth Din or Beit Din, also known as a rabbinical court. Each denomination will have its own Beth Din.
Although individual procedures may vary slightly between different denominations, the overall process is generally similar. It typically involves the following stages:
- One or both parties may contact the Beth Din.
- Information about the marriage and civil divorce proceedings is provided.
- A date is arranged for the Get ceremony.
- The Get is carefully prepared by an authorised scribe.
- The husband voluntarily gives the document to the wife.
- The wife accepts the document before the Beth Din.
- A certificate confirming completion of the process is issued once the Final Order is available.
The Beth Din supervises each stage to ensure the divorce complies with Jewish divorce law.
What Is the Role of the Beth Din?
The Beth Din acts as the recognised religious authority responsible for overseeing the Get process.
Its responsibilities include:
- Confirming the parties’ identities
- Preparing the correct divorce document
- Ensuring the procedure follows Jewish law
- Witnessing the giving and acceptance of the Get
- Issuing confirmation that the religious divorce has taken place
The Beth Din does not replace the civil court. Instead, it deals exclusively with the religious aspects of ending the marriage.
Does a Civil Divorce Automatically End a Jewish Marriage?
No.
This is a common misunderstanding.
A Final Order issued by the Family Court legally ends the marriage under English law, but it does not dissolve the marriage under Judaism.
Similarly, obtaining a Get does not replace the need to complete the civil divorce procedure.
Most Jewish couples therefore complete both processes.
When Should You Apply for a Get Jewish Divorce?
Many couples begin the Get process while their civil divorce is progressing.
Timing can be important because the religious divorce often runs alongside the legal proceedings rather than afterwards.
Taking early legal advice can help ensure that neither process causes unnecessary delays, particularly where financial settlements or child arrangements are also being negotiated.
If you are making arrangements for your children around school holidays, festivals or other important occasions, you may also find our guide to Child Arrangements During School Holidays and Religious Celebrations helpful, particularly where family traditions and religious observances need careful consideration.
Can a Get Be Refused?
Occasionally, difficulties arise.
Traditionally, Jewish divorce law requires the husband’s consent for the Get to be granted. If one party refuses to cooperate, the process can become more complicated.
Modern Beth Din procedures often work with both parties to encourage agreement wherever possible, but disputes can still occur.
Potential Get Jewish Divorce challenges include:
- One party refusing to participate
- Delays in arranging appointments
- Disagreements over financial matters affecting the timing
- International issues where parties live in different countries
These situations may require both legal and religious guidance.
How Can Lloyd Platt & Co Help?
Although solicitors do not issue the Get themselves, as experienced family law solicitors, Lloyd Platt & Co can play an important role in ensuring that the civil and religious divorce processes work together effectively.
Legal advice may include:
- Advising on the interaction between civil and religious divorce
- Coordinating the timing of financial settlements
- Helping resolve disputes that could delay the Get process
- Working alongside the Beth Din where appropriate
- Protecting your legal interests throughout the divorce
This joined-up approach often helps reduce stress and avoid unnecessary complications.
Frequently Asked Questions
Does obtaining a Get affect financial settlements?
No. Financial matters are determined through the civil courts or by agreement between the parties. The Beth Din deals with religious divorce only.
Can I remarry after receiving a Final Order but before obtaining a Get?
You may be legally free to remarry, but under Jewish law you may still be regarded as married until the Get has been completed.
How long does the Get process take?
Timescales vary depending on the circumstances of the couple and the availability of the Beth Din. Where both parties cooperate, the process is often completed relatively quickly.
Helping You Navigate Both Civil and Religious Divorce
Ending a marriage can involve more than one legal or religious process. For many couples, completing both the civil divorce and obtaining a Jewish Divorce through a Get provides clarity, certainty and the opportunity to move forward with confidence.
If your divorce involves religious considerations alongside financial matters or arrangements for your children, obtaining early legal advice can help ensure that every aspect of the process is managed carefully and sensitively.
Need advice about divorce involving religious or cultural considerations? Contact Lloyd Platt & Co today. Our experienced family law solicitors can guide you through the civil divorce process while working alongside the appropriate religious authorities to help you achieve the best possible outcome for you and your family. Call us on 0208 343 2998 or click to contact our divorce and family lawyers in London.
