The United Synagogue

Divorce - FAQs -

What Is A Get?

A Get is a Jewish religious divorce. The basic laws of the Jewish religious divorce can be found in the Bible (Devorim 24: 1-5). Jewish divorce requires the consent of both the husband and wife; there is no requirement that either party establishes grounds of divorce such as unreasonable behaviour, separation or adultery. All that has to be shown is that both the husband and the wife agree to the Get taking place.

Who Needs A Get?

Any person who has been married under Jewish law, according to the laws of Moses and Israel, requires a Get. Since Jewish law regards the mere fact of setting up home and living together as being evidence of marriage, it is normal practice for a Get to be sought even in respect of cohabitation, registry office marriages and marriages between Jews which take place under non-orthodox Jewish auspices.

If a party to a marriage is not Jewish, a Get will not be necessary.

How do I Apply For A Get?

You write to the Beth Din requesting a Get, giving your name, address and day time telephone numbers together with those of your spouse. You should enclose, a copy of your Ketuba, (Jewish Marriage Certificate) a copy of your Divorce Decree Nisi and Absolute (if these have already been obtained) and a deposit cheque payable to USKB in the sum of £100.

What Will Happen Next?

The Beth Din will immediately acknowledge your application and will write separately to you and your spouse inviting to separate preliminary appointments. If you and your spouse wish to be seen together, please mention this in your letter.

Do I Have To Meet My Spouse At Any Time During The Get Process?

No. If the parties to a marriage are unwilling to attend the Beth Din at the same time, the Beth Din will offer the facility of separate preliminary interviews (indeed this is assumed to be required unless we are told to the contrary) and will also offer the facility of the wife receiving the Get from her husband’s representative or shaliach.

Can I Apply For A Get Before Completion Of The Civil Divorce?

You can apply for a Get at any time after the breakdown of the marriage. Although a Get cannot be written whilst the parties to a marriage are still living under the same roof, a Get file can be opened and the preliminary appointments can be held even whilst the parties are still living together. Under the Divorce (Religious Marriages) Act 2002, a person whose spouse is refusing to give/accept a Get can apply to the Court handling the civil divorce, for an Order preventing the Court making a Decree Absolute until such time as a Get has been given/accepted. It is therefore advisable to apply for a Get well before the making of a Decree Nisi in the civil proceedings.

Please also see the FAQ below entitled Do I Need A Lawyer?

What Happens If I Remarry Without A Get?

An Orthodox Synagogue will not permit any remarriage without a Get. A wife who has a relationship with another man without first obtaining a Get is regarded as being adulterous. Any children from such a relationship (if the relationship is with a Jewish man) will be mamzerim, (illegitimate in Jewish law) and not permitted to marry in an Orthodox synagogue.

Who Should Pay For The Get?

The couple concerned should arrange between themselves or their solicitors, in the course of any negotiations, as to which of them will pay for the Get. Whether it is a financial order or consent order, consequent on the breakdown of the marriage, this should clearly state which of the two parties will be responsible for paying the Get.

When a couple agree to share the cost of the Get, this agreement is only enforceable under English Law by the parties themselves and not by the Beth Din. Accordingly, the Beth Din reserves the right not to issue a Get certificate to either party until payment in full is received.

How Much Does A Get Cost?

The standard cost of a Get for 2009 is £695.00. For United Synagogue members and couples married within the United Synagogue, there is a special reduced rate of £495.00. If the Get is being written overseas and handed over to a wife in this Beth Din, the fee is £100.00 and cheques are payable to USKB.

Why Does A Get Cost So Much?

The Beth Din buys in the ancillary services of a “Sofer” (Scribe), “Eidim” (Witnesses) and a “Shaliach” (Agent). The result of this is that even before any account is taken of the time of the Dayanim and the Registrar, or of the postage, the telephone, fax and stationery costs of administering Gittin, the cost tothe Beth Din of each granted Get is in excess of the sum actually requested.

What Happens If I Do Not Pay For My Get?

No couple is ever turned away from this Beth Din on the basis that they cannot afford to pay for the Get which they require. However, the Beth Din reserves the right to refuse to issue a certificate that the Get has been granted (which is necessary if either party wishes to remarry) until payment has been made.

What Happens If My Spouse Is Resident Abroad?

If the overseas resident has access to an Orthodox Beth Din capable of administering the Get process, a Get can either be written in London and handed over to a wife overseas or written overseas and handed over in London.

I Married In A Religious Ceremony Overseas. Do I Need A Civil Divorce As Well As A Get?

If your overseas marriage is recognised by the English Authorities (which will usually be the case if it was registered by the civil authorities in the country in which it took place) then you will require a civil divorce in addition to a Get.

My Spouse Lives In Israel And I Live In London. Would I Need A Civil Divorce?

If the Get is both written and received in Israel and at least one of the parties to the marriage has a continuing legal connection with Israel, when no further civil divorce will be needed. However, if the Get is written in Israel and handed over in England or vice versa, a civil divorce will be required.

Do I Need A Lawyer?

It is unnecessary to instruct a lawyer with regard to a Get if there are no outstanding problems relating to children, maintenance or the matrimonial home. The Beth Din staff are experienced in handling members of the public and do their best to make sure that everybody who comes to the Beth Din is kept fully informed of the Get procedure in general and of the progress of their own case. Any lawyer or adviser may act on your behalf before the Beth Din if you so choose.

If, however, your spouse is no co-operating with obtaining the Get, it would be in your interests to instruct a lawyer to advise you about the Divorce (Religious Marriages) Act 2002. There is an equivalent law in Scotland. Please also see the FAQ above entitled Can I Apply For A Get Before Completion Of The Civil Divorce?

Do I Need The Consent Of My Spouse For A Get?

Unlike the Courts of most countries, which decree that the marriage has been terminated (hence the terms “Decree Nisi” and “Decree Absolute”), the Beth Din simply supervises the writing of the Get on behalf of the husband and its transmission to the wife, to make sure that the many detailed halachic requirements relating to the Get are complied with.

If either party is unwilling to co-operate in the Get, the Beth Din cannot override the consent of the parties for the Get but the Dayanim and other members of the London Beth Din staff will do their best to bring about the full and free consent of each party in order to enable a Get to be written.

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