Talaq V Get

When a marriage breaks down this is a stressful time for everyone involved. Early on in the process, it is sensible to take legal advice. If you have had a religious ceremony as well as a civil ceremony you will need to consider a religious divorce.

In Jewish law, a Jewish divorce is called Get. It is of paramount importance that this is not overlooked. Remarriage within a synagogue would be impossible for both parties if a Get were not granted. It would also have a damaging effect on any subsequent children born to either party.

The first step is to contact the Beth Din where an appointment will be made for the procedure to be discussed. This is not something that can be left until a later date and is fairly simple to sort out, with both parties’ full co-operation.

Although both parties need to take part in the process, it is for the husband to willingly give the wife a Get. If he becomes difficult, then there are sanctions, albeit limited, when the civil courts will assist. However, this can only happen if the Get is applied for at an early stage of the civil proceedings.

Under Islamic law the procedure for a man is relatively simple. All he needs to do is to tell his wife that he is seeking a dissolution. For a woman it is again more complicated. She will not be allowed to divorce without the permission of either her husband or an Imam and will need to establish grounds as to why she seeks a separation.

She will need to attend a series of meetings at the Sharia Council to prove her case. Again, if a Talaq is not granted then this will have far reaching effects on the woman and subsequent children.

At Linder Myers, we deal regularly with the religious aspects of divorce and are happy to advise and assist in this process.

31 JULY 2009

For further information on Linder Myers expertise in dealing with the issues raised in this article please contact:

SUZANNE LURIE, PARTNER
FAMILY DEPARTMENT
0161 837 6854
suzanne.lurie@lindermyers.co.uk