- A GET: A Get is a Jewish religious divorce. In the Jewish religion, the only way a party can re-marry is by the Rabbinical Religious Court, called a Beit Din, granting a Jewish Divorce, or Get. According to Jewish law, the Husband must agree to the granting of a Get. If the Husband doesn’t consent, there is no Jewish divorce and the parties cannot remarry. In the eyes of Judaism, the couple remains married.
In most divorces between non-religious Jews, obtaining a Get is a standard part of the secular divorce process, in that the obligation for the Husband to consent to the Get is in the secular Property Agreement.
However, especially in divorces between religious Jews, it is not uncommon for a Husband to refuse consent for a Get, either because the Husband doesn’t want the divorce, wants to use that consent as a “bargaining chip” for other issues in the divorce or is just obstinate.
- ISLAMIC AND OTHER MARRIAGE CONTRACTS: In a number of religions, Husband and Wife will sign a marriage contract. In the Islamic religion, it is called a Nikah. In Judaism, it is a Ketubah. Many other cultures and religions have similar documents.
There are various styles of these contracts in each culture and religion. In the Nikah, a Husband normally pays a dowry, or Mahr, to the Wife. The amount is written in the Nikah. In some Nikah, a portion of the Mahr is paid on or just before the wedding and the remainder either later or at divorce. In other Nikah, the Mahr is paid at divorce only.
These marriage contracts are treated differently in secular courts in different states. Our Firm has had the honor of teaching other lawyers, through continuing legal education courses, on how various courts treat these religious documents. The differences between states are pronounced. Some states recognize them, while others do not. It is an evolving area of family law.
Having a lawyer with deep experience in religious marriage contracts can be very
important if it is an issue in your divorce. Please contact us to discuss.
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