Jewish Divorce and the Get: What You Need to Know in England and Wales.

If you are Jewish and going through a divorce, obtaining a civil divorce may not be enough. Under Jewish law, a marriage is only dissolved when a religious divorce document known as a Get is properly given and received. Without it, serious consequences can follow for you, your future relationships, your finances, and even your children.

This Insight explains what a Get is, how it works in England and Wales, the interplay between Jewish divorce and matrimonial finances in English law, and what you should do if your spouse refuses to co-operate.

What is a Get?

A Get is the religious document that formally ends a Jewish marriage under Jewish law.

It is written on the instructions of the husband and handed to the wife in front of a Beth Din, a rabbinical court made up of three judges. For universal recognition within the orthodox Jewish community, this must take place before an orthodox Beth Din.

It is important to understand that your civil divorce and your Jewish divorce are completely separate processes.

You can be:

• divorced in English law but still married in Jewish law; or
• divorced in Jewish law but still married under English law.

The two systems operate independently of one another.

What happens if you do not obtain a Get?

The consequences of failing to secure a Get can be profound.

If you are civilly divorced but do not have a Get:

• You cannot remarry in an orthodox Jewish ceremony.
• If you are a woman and you begin a new relationship before receiving a Get, you may face serious religious consequences.
• In orthodox Jewish law, a child born to a religiously married woman who has not received a Get may acquire the status of mamzer, which affects that child’s ability to marry within Jewish law.
• A woman whose husband refuses to grant a Get is known as an agunah, meaning “chained”.

These are not merely technical religious issues. They can affect your ability to participate fully in religious and community life and can have long-term consequences for future generations.

How do you obtain a Get?

A Get can be obtained at any time after separation. There are no formal “grounds” required in the way there are for a civil divorce.

However, under orthodox Jewish law:

• The husband must attend and give instructions for the Get to be written.
• He must hand the completed Get to the wife, or to a proxy.
• The wife must attend to receive it.
• Both parties attend preliminary appointments to verify names and details.

The Beth Din oversees the process to ensure it is conducted properly, but it does not itself dissolve the marriage. The parties do.

In practice, co-operation is essential. That is why it is often advisable to begin the Get process early. Once financial or child arrangements become contentious, attitudes can harden and leverage can be misused.

What happens if your spouse refuses to co-operate?

This is where English law can assist.

The Divorce (Religious Marriages) Act 2002 inserted section 10A into the Matrimonial Causes Act 1973. This allows the civil court to delay the final divorce order until a Get has been granted.

In practical terms, if your spouse is refusing to give or accept a Get, you can apply to the court to prevent the divorce becoming final until religious co-operation takes place.

This is an important protection. However, it must be used at the correct stage. Once the final divorce order has been made, this safeguard is no longer available.

The court has discretion and will only grant the order if it is just and reasonable in the circumstances.

The Ketubah: what is it and does it matter in English law?

At a Jewish wedding, the groom gives the bride a Ketubah. This is a religious marriage contract setting out his obligations, including financial support and, traditionally, a sum payable upon divorce.

Many people assume that the Ketubah is symbolic. In religious terms, it is not. It is a binding document under Jewish law.

But what about under English law?

The position is nuanced. A Ketubah is not automatically enforceable in the same way as a civil contract. However:

• The English court may take it into account as part of the overall financial circumstances.
• In some situations, its terms may have contractual relevance.
• It can form part of the background when assessing fairness under section 25 of the Matrimonial Causes Act 1973.

Whether and how the Ketubah affects your case depends on the wording of the document and the wider financial picture.

It should never be ignored.

How Jewish divorce interacts with financial remedy proceedings

Your Get and your financial settlement are separate processes.

Obtaining a Get does not automatically resolve:

• division of assets
• maintenance
• pensions
• property ownership
• child arrangements

Those issues are determined by the English court if you are legally married under civil law.

However, the two processes often intersect in practice.

For example:

• One spouse may try to use the Get as leverage in financial negotiations.
• A refusal to grant a Get may increase emotional pressure and affect settlement dynamics.
• The court may consider the conduct of a spouse who refuses religious co-operation.

English courts are clear that religious pressure should not be misused as a tactical device.

This is one reason why section 10A of the Matrimonial Causes Act 1973 is so important. It helps prevent one party from securing a civil divorce while withholding religious co-operation.

How Britton and Time Solicitors can help

Understanding the nuances of how Jewish marriages and divorce sit alongside English law is essential to protecting your rights. As one of the most highly-rated law firms in the South East, our family law department regularly advises clients on the validity of religious marriages in England, together with child and financial proceedings.

Every case is different and if you would like clarity on your marriage status or on what the next steps might be, our family department will guide you through the process.

Call our solicitors on 0203 007 5500 to arrange a consultation with one of our divorce solicitors in Mayfair or Brighton, or arrange a virtual consultation.