Jewish Divorce ============== [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 12th June 2025 Jewish Marriage ---------------- When a Jewish couple decides to marry, they become betrothed. An important part of the Jewish wedding is the signing of the Ketubah (wedding contract) before the wedding, though usually on the same day. The original Ketubah can be seen as outdated and many couples choose to write their own version that reflects their views and wishes, similar to vows. The traditional wording sets out the details of the couple and marriage as well as the obligations of both parties and what will happen if the couples divorce or in relation to death. A Jewish wedding ceremony conducted in England or Wales will be recognised as legal in England and Wales so long as all civil requirements are complied with, after which a marriage certificate will be issued. Although there is no requirement for the marriage to take place in a registered building or in public, synagogues have been approved as a place where civil marriages can legally take place. Obtaining a Jewish Divorce --------------------------- Whilst a Jewish marriage ceremony that complies with civil requirements is recognised both under UK law and Jewish rules, the Jewish and civil divorce processes are independent of one another. Jewish couples may need to complete both in order for their divorce to receive recognition both religiously and legally. The document required for a Jewish divorce is known as a Get. A Jewish divorce occurs when this document, written on instruction of the husband, is delivered by the husband to his wife in the presence of a Rabbinical Court, known as a Beth Din. The Beth Din acts as a regulatory authority which confirms adherence to the rules and, therefore, effective dissolution of the marriage. For orthodox Jews, this should take place in front of an orthodox Beth Din - failure to do this will prevent remarriage under Jewish Law. No grounds for divorce need to be ascertained to obtain a Get. A party can apply for, and obtain, a Get at any time once the parties have separated, including within a year of the marriage and prior to commencing civil divorce proceedings. While the parties can be cohabiting when applying for a Get, they must be living separately for it to be written and handed over. Orthodox denominations require the consent of both the husband and wife to the giving and receiving of a Get. In Reform and Liberal Judaism, the Beth Din will regard the civil divorce as evidence that there is no reason to refuse awarding the Get and will grant it on its own authority. The thinking here being that an unjust law cannot be a Jewish law. Issues with initiating the divorce ----------------------------------- In certain Orthodox Jewish communities, the divorce can only be initiated by the husband. The term agunah (chained) relates to a woman who is trapped within her marriage because the husband refuses to initiate a Get. A woman's only option in these instances will be to get a civil divorce. While this will enable her to remarry civilly, she will be unable to remarry under Jewish law in a synagogue. Further to this, any children resulting from a new relationship will be affected, deemed mamzer (illegitimate). Children that are mamzer will not able to marry anyone Jewish unless their partner, too, is a mamzer. In some cases a husband can use the ancient laws to their advantage, by attempting to coerce his wife into, for example, agreeing to a smaller financial settlement, custody arrangements or property distribution before initiating the Get. **If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK MY FREE CONSULTATION](https://vardags.com/contact) ### THE LEGAL ROUTE The Divorce (Religious Marriages) Act 2002 allows Jewish spouses to obtain a Get where one was no cooperating. One spouse can apply for a delay to the decree absolute until both parties have declared to the court that the marriage has been dissolved in accordance with Jewish usages. The Get is not referred to in the legislation but the effect is that the court can delay granting the decree absolute if it would not be fair and reasonable to do so. In practice this means that the court has to be satisfied that the religious divorce has occurred before the civil one is granted. Throughout the world the courts are becoming more sympathetic towards the wives of Get refusers and the UK courts have recently taken steps in that direction. In 2019, a Jewish woman obtained a Get after bringing a private prosecution against her husband who had denied this for almost ten years. The court considered this coercive or controlling behaviour, which constitutes a criminal offence. To avoid prosecution, the husband granted his ex-wife her Get, and her freedom. ### THE RELIGIOUS ROUTE The Beth Din seeks to assist and support these women. The wife must first file a complaint and the Beth Din will begin their investigations. The husband will be issued with a hazmana (summons), to appear before the Rabbinical court. If the husband does not appear, the rabbinical court can publish a siruv, which is effectively a contempt of notice, together with a list of sanctions against him, known as a harhakot (severance from the community). The sanctions can be wide ranging, for example: - Being barred from communal events and prayers - Preventing others in the community from doing business with him This is meant to apply social pressure, making everyday life extremely difficult for the offender. However, this is generally not an effective tool and many husbands simply ignore it. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Reads ------------- ### Religious divorce: Do you know your rights as well as your rites? Complex international jurisdiction disputes are a perennial source of complexity in modern family... [READ MORE](https://vardags.com/family-law/religious-divorce-do-you-know-your-rights-as-well-as-your-rites "Religious divorce: Do you know your rights as well as your rites?") ### Religious marriage and divorce: Islam A valid Islamic marriage requires mutual agreement, two adult witnesses and a marriage gift... [READ MORE](https://vardags.com/family-law/religious-marriage-and-divorce-islam "Religious marriage and divorce: Islam") ### Religious marriage and divorce: Judaism While all marriages and divorces must comply with the formalities required by English law, as... [READ MORE](https://vardags.com/family-law/religious-marriage-and-divorce-judaism "Religious marriage and divorce: Judaism") Related Guides -------------- [Sharia Law & Islamic Divorce](https://vardags.com/law-guide/religious-divorces/islamic-divorce "Sharia Law & Islamic Divorce") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. AUTHOR ------ Ayesha Vardag "Britain's top divorce lawyer" Ayesha Vardag rose to fame for winning the landmark Supreme Court case of Radmacher v Granatino in 2010, changing the law to make prenuptial agreements legally enforceable in England and Wales. The founder and President of Vardags, Ayesha specialises in high-net-worth divorce, often with an international... [READ MORE](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag") What our clients say -------------------- Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Knowledgeable, respectful and empathetic service and team. Michelle Ravden Beyond the direct legal work they were extremely knowledgeable and creative in coordinating with other service providers when required, which was key in securing a fair financial result and, more importantly, maintaining my... parental relationship with my young children during the divorce proceedings and beyond. Throughout the whole process they never lost sight of the best long term outcome, whilst always staying on top of procedure and providing flawless execution. I highly recommended them! Heinz-Peter Stohl Outstanding, cannot recommend this highly enough. Mark Curtis My experience with Vardags has been exceptional. They helped me through all the complicated bureaucracy and process involved in dissolving my Civil Partnership. 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