Comments on: Divorce, law, religion and the Archbishop of Canterbury http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/ Where Family Law Meets Family Life Thu, 17 May 2012 17:28:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: The “Agunah”, Jewish Divorce and the Right to Choose | Marilyn Stowe Family Law and Divorce Blog http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-43 The “Agunah”, Jewish Divorce and the Right to Choose | Marilyn Stowe Family Law and Divorce Blog Fri, 07 Aug 2009 15:49:43 +0000 http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-43 [...] by a husband to a wife to effect the couple’s divorce in Jewish law. In a previous post I described the Jewish get in detail, emphasising how important it is for a divorce lawyer to ensure that any religious divorce takes [...] [...] by a husband to a wife to effect the couple’s divorce in Jewish law. In a previous post I described the Jewish get in detail, emphasising how important it is for a divorce lawyer to ensure that any religious divorce takes [...]

]]> By: Marilyn Stowe http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-42 Marilyn Stowe Tue, 19 Feb 2008 11:39:41 +0000 http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-42 Thanks for this. It’s a good question. No religious divorce is recognised as valid in English civil law. A religious divorce that occurs before or after the grant of Decree Nisi will have no effect on the couple’s marital status under English law. There is only one law: the law of the land. Divorce in Jewish law, as I understand it, is not a judicial procedure. Instead it is a voluntary, consensual process between a husband and wife. It takes only a few minutes: the husband hands the wife a “get” (a divorce) and she accepts it. Their marriage is immediately ended. There is no judicial finding and no court order, as in civil proceedings. However, the divorce then permits a couple to remarry within the Jewish Orthodox religion. Any children subsequently born to the wife will be legitimate in Jewish law - which would not be the case if there had only been a civil divorce. For this reason, a religious divorce can have significant implications for future generations. Given the swiftness of the Jewish divorce process, it is sensible for a couple to first obtain a Decree Nisi in English law. This is why, in practice, the “Beth Din” will not arrange for the divorce to take place until there is a Decree Nisi. However, if the Jewish divorce does not take place thereafter, one of the parties may apply under Section10A of the Matrimonial Causes Act 1973 for the Decree Absolute to be delayed.. I must stress that as lawyers, we cannot be expected to become particularly involved in the religious process. Even so, I think we need to consider its potential existence. Also, a word of warning: I have had Jewish clients who have stated that they are not bothered about obtaining a religious divorce. Given the above, I do think it is wise to check again at Decree Nisi stage and record the instructions in writing. This is because some time later, after the file is closed, circumstances may change and the client could come to regret not having obtained both forms of divorce.. Best wishes, Marilyn Stowe Thanks for this. It’s a good question.

No religious divorce is recognised as valid in English civil law. A religious divorce that occurs before or after the grant of Decree Nisi will have no effect on the couple’s marital status under English law. There is only one law: the law of the land.

Divorce in Jewish law, as I understand it, is not a judicial procedure. Instead it is a voluntary, consensual process between a husband and wife. It takes only a few minutes: the husband hands the wife a “get” (a divorce) and she accepts it. Their marriage is immediately ended. There is no judicial finding and no court order, as in civil proceedings. However, the divorce then permits a couple to remarry within the Jewish Orthodox religion. Any children subsequently born to the wife will be legitimate in Jewish law – which would not be the case if there had only been a civil divorce. For this reason, a religious divorce can have significant implications for future generations.

Given the swiftness of the Jewish divorce process, it is sensible for a couple to first obtain a Decree Nisi in English law. This is why, in practice, the “Beth Din” will not arrange for the divorce to take place until there is a Decree Nisi. However, if the Jewish divorce does not take place thereafter, one of the parties may apply under Section10A of the Matrimonial Causes Act 1973 for the Decree Absolute to be delayed..

I must stress that as lawyers, we cannot be expected to become particularly involved in the religious process. Even so, I think we need to consider its potential existence.

Also, a word of warning: I have had Jewish clients who have stated that they are not bothered about obtaining a religious divorce. Given the above, I do think it is wise to check again at Decree Nisi stage and record the instructions in writing. This is because some time later, after the file is closed, circumstances may change and the client could come to regret not having obtained both forms of divorce..

Best wishes,

Marilyn Stowe

]]> By: Debs Smithies http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-41 Debs Smithies Fri, 15 Feb 2008 17:57:50 +0000 http://www.marilynstowe.co.uk/2008/02/15/divorce-law-religion-and-the-archbishop-of-canterbury/#comment-41 Thank you for this post - it's really helpful. As I understand it, a key source of tension between civil and Sharia divorce law is that, under Sharia law, a divorce can be effected in ways which would not be recognised by civil law (such as divorce by text message - http://www.timesonline.co.uk/tol/news/world/middle_east/article3129013.ece - although this may have been sensationalised!). Presumably this would result in what you describe as a 'limping' marriage, dissolved under religious law but intact under civil law - the inverse of the most likely situation in relation to Jewish law. Does that qualitative distinction have any importance, or are the two scenarios are essentially the same? Thank you for this post – it’s really helpful.
As I understand it, a key source of tension between civil and Sharia divorce law is that, under Sharia law, a divorce can be effected in ways which would not be recognised by civil law (such as divorce by text message – http://www.timesonline.co.uk/tol/news/world/middle_east/article3129013.ece – although this may have been sensationalised!).
Presumably this would result in what you describe as a ‘limping’ marriage, dissolved under religious law but intact under civil law – the inverse of the most likely situation in relation to Jewish law. Does that qualitative distinction have any importance, or are the two scenarios are essentially the same?

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