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Marriage and Divorce

Divorce in Jewish Law

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I know my wife has been having an affair with a friend of mine who is divorced. I am so hurt by this and want a divorce. Can I prevent my wife from marrying this man ?

Marriage and Divorce Divorce Between Jews
Yes – if adultery is proved! The rabbinical court can forbid a woman from marrying a specific man, and stating this outright in the divorce judgment, if adultery is proved. If intimate relations are not properly proved, this can be one of the reasons for challenging such a ban.

I am considering divorce and want to know what my obligations will be afterwards towards my ex-wife and our children. I agree that she should have custody of the children as they are young. We are both Jewish.

Marriage and Divorce Divorce Between Jews
under Jewish law once a man is divorced he is under no financial obligation to support his ex-wife, though he can agree to do so. He is obliged to give her maintenance during the marriage if they were married in a Jewish religious ceremony.
Regarding the children, Jewish law places the burden of child maintenance on the father, solely until the minors are 15, at which point the mother may have to participate ,until they are 18, depending on the circumstances. During compulsory army service a child is still entitled to some maintenance.
In relation to other financial committments, it depends on whether the husband and wife make an agreement covering property or whether the court decides to divide up your marital property for them.

Will a rabbinical court dealing with a plea to oblige or compel a party to divorce allow him/her to condition his/her consent on the other agreeing to forego child custody ?

Marriage and Divorce Divorce Between Jews
No – Custody claims are independent and should not be given any weight in a divorce hearing over whether to oblige or compel a party to divorce, according to a Greater Rabbinical Curt ruling.

I converted to Judaism in order to marry my husband in a Jewish ceremony . We have a baby and are now in the process of divorce. I have heard about the forged conversion scandal and suspect something fishy because my conversion papers came through very quickly . As a new immigrant I let him ‘take care’ of everything. If my documents are ‘forged’ what implications would this have for me if I want to divorce ?

Marriage and Divorce Divorce Between Jews

Basically if conversion papers are forgeries then this would mean that a woman in this situation would not be Jewish and her marriage would be void if she ‘married’ in a Jewish ceremony. If this were so, then there would be no need for her to obtain a divorce. She would be entitled to file for custody and maintenance for any minor child,and division of property at the family court.

What is the position when a couple agree to divorce – and the ‘get’ at the rabbinate goes ahead – but it transpires that the wife tricked the husband into divorcing in their divorce agreement dealing with finances which was authorized at the family court ?

Marriage and Divorce Divorce Between Jews
When there is a breach of a divorce agreement upon the basis of which the husband agreed to give his wife a ‘get’ there are ” weighty questions of Jewish law concerning the validity of the divorce” , held Tel Aviv District rabbinical court in November 2005. It held that breach of the divorce agreement can lead to the ‘get’ (Jewish divorce) being invalid.
Where a divorce agreement – covering finance among other matters – is made and the ‘get ceremony’ follows, it was held that if the wife had already made up her mind at the ‘get’ ceremony not to honour the agreement , and if the husband had known this at the time and would not have given her the ‘get’ as a result of this, then their divorce would be one obtained by deception and invalid. However, if the husband had said he would divorce his wife without any conditions, then the ‘get’ would be valid. The question of whether the financial aspects of the divorce agreement had been breached would be question for the family court, if it authorized the relevant sections, it held.
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