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Marriage and Divorce

Wife's Means of Legal Action in Jewish Divorce

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Can a woman who suffered for years because of her husband’s refusal to divorce get compensation from his estate ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce

Yes, in certain circumstances.

Is a Jewish woman regarded in Israel as “free to marry” and have a child under Jewish law if she married and then divorced a Jewish man abroad – both according to civil law there ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce
No ,even though it may sound paradoxical, as Orthodox Jewish law does not recognize civil marriage between Jews in the first place, and regards it as having no legal value. However, a Jewish divorce is still needed, and is designed to erase the doubt of a child that may be born to the woman in the future being dubbed a “bastard”.

 

Can a Jewish woman who is in the middle of divorcing her Jewish husband, date another man without jeopardizing her rights as a married woman ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce
No! If a Jewish woman is in the middle of divorce proceedings and dates another man she is at risk of losing her right to maintenance until she receives her ‘get’. She is also likely to risk losing her rights under her “Ketuba” (marriage contract).

What can a woman do to challenge a request made by her husband to the rabbinical court as part of divorce proceedings against her, to forbid her from marrying the man he alleges she is having an affair with ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce

Firstly, she can try and negotiate with her husband to withdraw his request, before the rabbinical court gives a decision that proceedings should move on to the evidence stage. If this fails, she can ask the rabbinical court to cancel her husband’s request, and grant her a divorce which does not restrict her right to remarry. If, however, the rabbinical court rejects this, and holds that the husband should have the right to prove his case, then she can request permission to appeal against this decision. Should this fail, too, and a decision is given banning her from marrying her alleged lover after her divorce, she can appeal against this to the Greater Rabbinical Court. Assuming this fails – and real proof of intimate relations on the part of the woman are not proved – then she can bring a petition to the Supreme Court of Justice challenging the legality of such a decision.

The rabbinical court has ordered my husband to divorce me, but I am worried that my husband will try to trick me out of my “Ketuba”. Is there anything that I can do to guarantee getting my rights according to my “Ketuba”?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce

Yes, where the rabbinical court has ordered the husband to grant his wife a divorce, it can grant freezing orders before the actual divorce is given – to guarantee that the wife will be able to realize her financial rights according to her Ketuba.

I am trying to challenge my husband’s attempt to bind a plea for division of our marital property to a divorce plea he filed at the rabbinate . I intend to file for a division of our property at the family court. I expect my husband will ask the family court to throw out my plea because he filed at the rabbinical court first. Can incriminating statements he made during other proceedings help my case?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce

Yes !

Can a wife keep a husband out of the home – against his will – to cause actual separation between them during the divorce proceedings, where he is not violent, but just to make life easier ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce
No! In principle, a husband can only be banned from the family home by way of a court order on the basis of his violent behaviour – physical or emotional – towards his wife or children, or where there is a substantial threat, or substantial risk of violence towards a family member living there. An order cannot be granted just to separate the spouses and make it easier for the wife during divorce proceedings .

What effect could leaving the marital home have for a wife in proceedings against her husband for financial support, at the family and not the rabbinical court ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce
If a wife leaves the family home, without legal grounds/justification, then she is likely to lose her right under Jewish law to maintenance from her husband, even if she filed for it at the family court, and not the rabbinical court. However, it is sufficient for her to show verbal violence that prevents “peaceful accommodation” i.e. endless rows for her to justify leaving the marital home .
Incidentally, if the children leave the marital home with her, their right to maintenance from their father under Jewish law is totally unconnected with whether their mother’s behaviour was justified or not. They are entitled to maintenance from their father whether the mother was justified or not in leaving the marital home.

Can a Jewish woman successfully sue her Jewish ex-husband for financial compensation for the suffering he caused her by refusing to give her a “get” ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce

Yes – but she will need to have a rabbinical court judgment ordering him to grant her a religious divorce (“get”) first and need to prove that she suffered from his refusal to comply with the ruling.

Can a wife whose husband refuses to divorce despite a rabbinical court judgment obliging him to do so, file him for financial compensation ?

Marriage and Divorce •Wife's Means of Legal Action in Jewish Divorce
Yes, it was held several years ago by Jerusalem Family Court where such a plea was filed . A wife can do so on the basis of infringement of her basic right under the Human Dignity and Freedom Act to determine her destiny concerning marriage/divorce. She can file her husband for compensation for ‘damage’ according to the Civil Wrongs Ordinance , at the family court.
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