| |
| |
|
Divorce Information |
|
|
|
Getting a Jewish Divorce in the UK
What is the Get? The Get is the Jewish form of divorce. The husband and wife must co-operate in obtaining the Get. If a spouse does not co-operate then whilst he/she may have obtained a civil divorce, by decree absolute, the couple will not be considered divorced within the Jewish religion. Where possible the religious divorce should be dealt with within the same timeframe as the civil proceedings. My husband says that he will issue a civil divorce based on adultery - does that matter? Yes. This will have a significant impact on you and your new partner (if named in the petition). The reason for this is that if a married woman commits adultery before she has her Get, she and that man will never be able to marry each other in a religious ceremony. The civil divorce petition will provide evidence of a sexual relationship before divorce and as a result preclude the couple from a religious marriage. If the couple choose to have children, within the Jewish religion, they will be considered illegitimate. Consequently, this could result in their exclusion, to a certain extent, from their religious community. My wife will only obtain the Get if I agree to her financial demands-what can I do? It is not unheard of for one party to try and use the Get as a tool with which to make unreasonable financial demands of the other. Until recently, there was little that the legal system could do to help a person who is being denied a Get or pressurised because of it. However, recent changes in the law go some way to avoid an abuse of the religious process for divorce as against the civil one. What to do? If one spouse does not co-operate with the other, a new piece of legislation called the Divorce (Religious Marriages) Act 2002 can be invoked to facilitate the Get. The 2002 Act therefore assists Jewish spouses to obtain a Get (and also other religious usages where the co-operation of a spouse is required in order to obtain a religious divorce). The 2002 Act amends an existing piece of legislation called the Matrimonial Causes Act 1973 by inserting a new section 10A. This section gives the court the discretion to delay the making of the decree absolute until the husband and wife have first obtained the Get. The court will make such an order where it is 'satisfied that in all the circumstances of the case it is just and reasonable to do so.' The application will be prepared by your solicitor and submitted once the decree of divorce has been granted. The application is supported by an affidavit, which sets out the grounds on which the application seeks the order. If the application is successful the court process is effectively suspended until such time as the parties have obtained their Get. The decree absolute will be granted if satisfactory evidence is placed before the court, which should be in the form of a declaration with the necessary certificate. The declaration confirms that the Get has been obtained and the certificate, which has been, issued by the 'relevant religious authority' corroborates that fact. Finally, for the husband and wife who are divorcing and who are halachically Jewish, in order to ensure that the Get is recognised throughout the Jewish world it must be obtained from an Orthodox Beth Din. Tracey Dargan practices family law with Curry Popeck, a firm of London solicitors.
MORE RESOURCES:
Google News |
|
|
|
RELATED ARTICLES
Tax & Financial Impacts of Divorce: 10 Mistakes to Avoid Divorce is something no one hopes will happen to them when they get married. Unfortunately, almost half of all marriages end in divorce. Alienation of Affection - Interference with marriage can cost big bucks in North Carolina Non-lawyers are often surprised to learn that a spouse can sue for money damages in North Carolina based on allegations of emotional harm caused by a third party to the marital relationship. These lawsuits for "alienation of affection" and/or "criminal conversation" are usually brought by the innocent spouse against the guilty spouse's lover; but an alienation action may also be brought against someone like an in-law or other near relative who has advised a defecting spouse to leave the marital relationship. Does Living In A Loveless Marriage Necessarily Mean That You Should Get A Divorce? Being in a loveless marriage is a frustrating predicament, but it may not necessarily mean that a divorce is eminent. Solving the quandary of a loveless marriage requires self-reflection to assess the situation, courage to try to create a team effort for the best decision with your spouse, and gumption to face the reality that a divorce may be the best solution for the loveless marriage. How Thinking About An Uncontested Divorce Figures Into Your Decision About Divorce An uncontested divorce is the most common type of divorce. An uncontested divorce is a divorce that occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child support, etc. 5 Ways To Ensure You Will Have a Happy Life After Divorce Life after divorce is something that most people who are going through divorce think about. Thinking about having a life after divorce or thinking about how your life will be after divorce, are common because people tend to fear for themselves. Advantages to Doing Your Own Divorce There are many advantages to doing your own divorce. Three significant ones are: you'll get a better divorce, you'll save a lot of money, and you'll be able to keep things simple. How Can Collaborative Law Be Beneficial In Your Texas Divorce? Collaborative law is based on the realization that the commitment by the parties in a family is that it is in their best interest to avoid going to trial.This process relies on open and honest communication and cooperation between the parties and their lawyers to achieve a fair result. Divorce: How To Survive A Divorce And Move On With Your Life One out of every two marriages in America is failing.American families are crumbling and vanishing. How to Select a Divorce Lawyer Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer. Healing Dysfunctional Families In a recent article entitled "Some Evidence On How We Are Spiritually Connected" I reported on a case study that revealed how individuals who share common traumatic memories can help each other release the trauma at a distance employing a new tool called the Mind Resonance Process(TM). In this article I will elaborate some of the potential applications of such a result as well as its far reaching implications. Divorce Articles: How To Get The Most From A Divorce Article There are many types of divorce articles available on the Internet by a variety of authors. What's below will help you get the most out of the divorce articles here on this site and anywhere else. Things To Consider When Making A Decision About Divorce When making a divorce decision, there are quite a few things that you should consider. Too often people find themselves unable to clearly identify what they need to think about when making a divorce decision which leads to further indecision and frustration. Spousal Emotional Abuse During Divorce--What You Can Do Is your spouse violent, abusive, harassing? In cases of harassment or violence there are legal remedies and there are practical things you can and must do for yourself. This is not about reaching agreement--these are strategies for self-defense. Extramarital Affair: Should You Get A Divorce Just Because One Of You Had An Extramarital Affair? Having to deal with an extramarital affair can be a life-changing event, regardless of whether you stay married or not. Inescapable feelings can come over both people who live through an extramarital affair that will never be forgotten by either of them. Divorce -Is It Lawful? The question of divorce and its lawfulness is of long standing. The law-makers of our day have tried to answer the question. Avoid Lawyers! Do-It-Yourself Divorce Saved Me Tons of Money! Let me preface this by saying right up front - this is NOT for everyone. The key is that my situation was friendly enough to still communicate with each other after we split. How To Protect Your Life Insurance Policy While Going Through A Divorce Life insurance, more than most things you buy, relates to the circumstances of your life. You buy life insurance to protect your family from financial loss stemming from your death. Contested And Uncontested Divorce A divorce case is contested if the parties cannot agree on every one of the issues involved in their particular situation. Common areas of disagreement include, but are not limited to: grounds for divorce, custody of the children, visitation rights, division of the assets of the marriage, child support, maintenance (alimony), payment of family debts, contribution toward educational expenses (college or parochial), payment of health insurance for the dependent spouse, income tax structuring, etcWhen a divorce case is filed, it is given an identification number and is deemed by the court to be a matter that will ultimately require trial time in order to resolve all issues. How to Use a Divorce Lawyer You want three things in your divorce attorney: expertise in divorce, reliability, and a good attitude. You want a lawyer who specializes in divorce (at least 50% of his/her case load), and unless you're expecting a no-holds-barred battle, you want a lawyer trained in divorce mediation who practices it professionally. Post-Divorce Alimony in Texas This article provides a brief overview on Texas law concerning post-divorce alimony in Texas. Laws differ from state to state and individual circumstances vary, so you should consult with a qualified family law attorney in your area for specific advice on your particular situation.
|
| Article List | Index | Site Map |
|
All logos, trademarks and articles on this site are property and copyright of their respective owner(s).
The comments are property of their posters, all the rest is Copyright © 2006 CanadaSEEK.com - All Rights Reserved. |
