What happens if I do not pay for my Get?
Until payment has been made, the Beth Din will not issue the Get certificate. In the Jewish faith, if a couple only obtain a civil divorce, they are not divorced under the religious and will not be able to remarry under Jewish law.
Can I apply for a Get before completion of the Civil Divorce?
A Get cannot be produced whilst the parties to a marriage are living in the same household, however it’s advisable to apply for the Get as soon as possible, as you can begin attending the preliminary appointments. It’s recommended that you apply for a Get well before the creation of a Decree Nisi in the civil proceedings.
Do I need the consent of my spouse for a Get?
Yes. The Get is given to a wife by the husband and must be consensual and carried out without the coercion of either party. The Beth Din cannot override the consent of the parties. In appropriate cases, Get refusal may lead to communal sanctions and the withdrawal of privileges of United Synagogue membership, including burial rights. In this case, the Beth Din will issue a series of formal summonses, known as ‘hazmanot’, following which an individual still refusing a Get may be declared a ‘mesarev’ Get. Under English law, you cannot compel a party to agree to providing a Get but you can seek to have a civil court consider it as an aspect of conduct (Section 25(2)(g) of the Matrimonial Causes Act 1973.
What if a husband will not provide the Get?
The Get must be provided by the husband of his free will. Orthodox Jewish Law only caters for a divorce initiated by the husband, which can lead to complications when the husband refuses to give his wife a Get. In this case, the wife would be known as an “Agunah” (a chained woman), who is not free to remarry. As previously mentioned, the Beth Din cannot force the husband to grant his wife a Get, but they will use various methods to persuade the husband into granting the Get. If the woman proceeds to have children before receiving a Get, the children and their descendants are regarded as “Mamzer”, which in Jewish law means they would be unable to marry an Orthodox Jew.