Simple Divorce Papers

A [tag-tec]Jewish religious divorce[/tag-tec], also known as a [tag-tec]‘get,’[/tag-tec] had been promised to a wife by her husband. When the husband did not follow through, The Supreme Court of Canada awarded the wife damages for his breach of the promise.

The way a Jewish religious divorce works is different than a typical divorce because it involves, if at all possible, a meeting of both parties where the divorce document is handed to the wife by the husband which means it is done properly and officially according to Jewish law (aka: Halakha). But, also according to Jewish law, if the husband refuses to grant the ‘get’ then they are separated but the wife is unable to remarry. The same applies if the situation is the opposite with the wife refusing to grant the ‘get’ to the husband, then he may not remarry.

Also, different from a typical civil divorce document, a ‘get’ does not include any reference to fault or blame for the separation. A marriage within the Jewish religion is thought of as a uniting of two people and the ‘get’ erases that union.

In response to the latest incident involving the broken promise, a conference was held a few days ago on February 9, with a couple of well respected speakers who are experts on Jewish divorce. These leaders in the Jewish community are lobbying for a bit of a change in the way things are done when a ‘get’ is granted by the husband.

At the very least these experts are strongly suggesting that women have an attorney present when they are exchanging the documents with the husband. They refer to the Jewish divorce as a “broken” system because, as is, it provides the husband with an unequal amount of power over the estranged wife. They say that in most situations, the husband will not grant the ‘get’ simply as an act of revenge or to hold out for a better distribution of the couples assets.

The best way for this kind of situation to end well is for couples who are about to embark on marriage in the Jewish faith should sign a [tag-tec]prenuptial[/tag-tec] agreement.

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