Jewish Divorce – What Is A Get?

DEANNA LEVINE MA LLB NP is a dually qualified Scottish and English solicitor and consultant to Barnett, Alexander Conway Ingram, Solicitors, London. She is the co-author, with solicitor Sharon Faith, of the free e-booklet ‘Getting your Get’ at www.gettingyourget.co.uk

How does Jewish divorce law interact with civil divorce law?
In any divorce situation it is part of the lawyer’s professional duty to extract a full picture of the client’s circumstances, such as his or her financial situation and whether there are any children. A client’s religious divorce requirements are part of that picture. If a lawyer fails to take these religious requirements into account, the client may end up with only a civil divorce and no religious one – with many serious problems as a result.

Why has it become easier for people to obtain a Get (Jewish divorce)?
The civil divorce has a two-step process – the decree nisi followed by the decree absolute in England, though only one step in Scotland, the divorce decree. In Jewish law there is only a single step – the Get. The Divorce (Religious Marriages) Act 2002 assists divorcing Jewish husbands and wives in England and Wales where one of them is not co-operating in obtaining a Get. The other spouse can (via solicitors) apply to the judge after decree nisi for an order to be made that the divorce should not be made absolute until the Get has been obtained. Only after the Get has been obtained will the judge make the order for the divorce decree to be made absolute.

How can ‘Getting your Get’ help Jewish couples going through a divorce?
The highly acclaimed e-booklet, ‘Getting your Get’, seeks to inform and reassure divorcing Jewish couples in a straightforward way as to why it is so important to obtain a Get and the tragic personal consequences that may ensue if there is only a civil divorce. Included is a list of organisations for divorcing Jewish spouses to contact for advice and useful information, a list of solicitors who have experience of advising on the Get aspects as part of the overall divorce process; and articles, forms and explanations for lawyers.

How and when is the Get obtained?
Either husband or wife can apply direct to the Beth Din at any time after they have decided that they are going to divorce. A list of Batei Din (plural of “Beth Din”) is included on the website. Alternatively, the Get can be applied for through either spouse’s solicitor, the most prudent time being when instructions are given. On application, the Beth Din will open a file and help to progress matters according to the circumstances of the particular case.

The couple can obtain the Get at any time during the civil divorce proceedings – or even before they have begun. At the latest, it should be obtained after decree nisi but before decree absolute in England and Wales. In Scotland, the Get should be obtained before the divorce decree has been granted. If the matter is straightforward, the couple will have their Get within a period of about five to eight weeks. The (now) former spouses are each provided with a certificate stating that the Get has been duly executed and that the parties are free to remarry under Jewish law. The original Get is kept at the Beth Din.