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Jewish Divorce: Why it Might be Important to Get a Get Even if you’re not Orthodox

The bottom line:  if you are female, make sure you bargain for it in the divorce agreement.  Here is suggested language.

What is a Get?

A Get is a writ of Jewish divorce which terminates a Jewish marriage and enables the former husband and wife to remarry freely under Jewish law.  It is a 12-line document, written by hand by a professionally trained scribe under the proper supervision of a Bet Din, or Rabbinic Court, and signed by two witnesses. Under Jewish law, a Get is presented by a husband to his wife.  When she acquires the document, both of them are released from all marital obligations.  They must still fulfill the obligations and restrictions stemming from divorce under Jewish or secular law, such as support payments, and custody arrangements.

Read more here.

Australian groups give government committee info on Jewish divorce refusal

In Gett, the character Viviane Ansalem wants a divorce but her husband will not give permission. In Israel, if you’re Jewish, even if you’re not religious, you have to be divorced by Jewish law.  But, outside of Israel, if you want to get remarried in the Jewish faith, you need a religious divorce, or Get, in addition to a civil divorce.

Two Australian groups have submitted information about religious Jewish divorce issues to a government committee.

The National Council of Jewish Women of Australia and the Melbourne-based Unchain My Heart Incorporated have lodged a joint submission on get refusal with the Australian Law Reform Commission.

Orthodox Judaism and Divorce

The unique circumstances of Jewish law as interpreted by those who practice Orthodox Judaism can make divorce an extremely difficult predicament for women in the religion. For starters, only the husband can grant a divorce with a document called a “get.” While a woman can still seek a legal divorce, without the “get” she is still married in the eyes of her religion, even years after a civil divorce is granted.

Someone unfamiliar with Orthodox Judaism may not understand the gravity of this scenario. Without the husband’s consent to a religious divorce, and without a “get,” an Orthodox Jewish woman cannot remarry or have more children. Without a religious divorce being granted, any remarriage is seen as adultery and can result in her being shunned from her Orthodox community. Read more.

 

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