Beth Din Compliant Divorce
Our specialist solicitors are experienced with the Jewish religious court (Beth Din) and can help ensure your separation and divorce is both legal under English law and Beth Din compliant.
Fully aware and respectful to your faith and culture, our divorce solicitors understand Jewish divorce laws and have an excellent network of contacts at regional Beth Dins. We are sensitive to the cultural and religious issues that face clients who must deal with civil divorces and Jewish divorces.
Jewish Divorce FAQs
The Jewish divorce process, known as a Get, is handled by a Beth Din and must be consensual and given and received without coercion. Unlike Jewish marriages, where religious and civil ceremonies can overlap, the Jewish divorce process is separate from civil divorce. It is possible to be divorced under Jewish law but still married under English civil law, or vice versa.
A Get is a Jewish divorce document that officially ends a marriage under Jewish law. It is uniquely written for each couple and is required for those who married according to Jewish law to formally dissolve their marriage within the faith. Without a Get, the marriage remains valid under Jewish law, even if a civil divorce has been obtained.
To apply for a Get, contact the Beth Din that sanctioned your marriage. You’ll usually need to provide your name, contact information, a copy of your Ketubah (Jewish marriage certificate), and details of your civil divorce. The Beth Din will review your application and arrange a preliminary hearing for you and your spouse. This hearing can be conducted separately if preferred.
The cost of obtaining a Get is typically around £700, though members of the United Synagogue may benefit from a reduced rate of approximately £500. The couple should decide between themselves who will cover the cost, potentially with the assistance of a solicitor. If they agree to split the expense, this financial agreement is enforceable only under English law, not by the Beth Din. The Beth Din requires full payment before issuing the Get certificate.
A Get cannot be issued while the couple resides in the same household, but it is advisable to begin the process as early as possible. You can apply and attend preliminary appointment before the civil divorce is finalised You should apply for a Get before the civil divorce is finalised to avoid any unnecessary delays.
Your spouse’s consent is required for a Get. A husband must willingly give the Get to his wife, and it must be done without coercion. The Beth Din cannot override this requirement. In cases of refusal, communal sanctions may be imposed, such as limiting United Synagogue privileges, including burial rights. If refusal persists, the individual may be declared a mesarev Get. Under English law, civil courts cannot force someone to consent to a Get but may consider Whether the divorce should be made final and whether the refusal to give or receive a get amounts to conduct under ss. 10 and 25 of the Matrimonial Causes Act 1925.
If a husband refuses to give a Get, the wife is considered an Agunah (“chained woman”) under Orthodox Jewish law, unable to remarry. The Get must be given voluntarily, and the Beth Din cannot compel compliance but may attempt persuasion. If a woman has children without a Get, those children are considered Mamzerim under Jewish law, which restricts their ability to marry within the Orthodox Jewish community. This highlights the importance of resolving these issues promptly with legal and religious support.
If your spouse lives abroad, a Get can still be arranged. If they have access to an Orthodox Beth Din in their country, the Get can be written there and then delivered to you. This ensures the process can proceed even across international borders.
Without a Get, remarriage in an Orthodox Synagogue is not permitted. A Get certificate, issued by the Beth Din, is essential for remarriage and must be securely stored. Jewish law considers remarriage or a new relationship without a Get as adultery, which can lead to social and legal complications, particularly for children. Additionally, certain restrictions, such as waiting periods and approval requirements, apply before remarrying. Always ensure a Get is properly obtained to avoid these issues.
In Jewish law, having children with someone else before obtaining a Get can result in the children being classified as mamzerim (illegitimate), restricting their ability to marry in an Orthodox synagogue. To avoid these complications, it is essential to secure a Get before entering a new relationship. In cases involving children, the focus at Hawkins Family Law will be on their welfare, including decisions about upbringing, education, and living arrangements, ensuring their best interests are prioritised.
In the case of a divorcing couple who are Jewish, your divorce lawyer will discuss the case with the local Beth Din. In practice, the Beth Din will not normally permit a religious divorce between the parties until a Conditional Order (Decree Nisi), is in place. It is important for a divorce lawyer to make sure that a Get is granted (following the Conditional Order / Decree Nisi but before the Final Order / Decree Absolute is pronounced).
Why Hawkins Family Law?
We are specialist family law solicitors and are committed to providing consistently high levels of support and guidance. Our team of expert Jewish Divorce solicitors are here to help guide you through the whole process in a way which respects your faith and culture.