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If my spouse finally agrees to sign a divorce agreement how can this actually be enforced so that I will be divorced under Jewish law ?

By: דיאנה שאלתיאלPublished on: 09 May, 2022
For Jews often the most problematic area of a divorce agreement for Jews concerns the divorce itself . Firstly, if they submit the signed divorce agreement covering issues such as child custody, maintenance and property , for authorisation at the family court all the other issues can be incorporated into a judgment , given them full legal validity, but the paragraph(s) relating to the divorce itself cannot be touched. Divorce between Jews is under the exclusive jurisdiction of the rabbinical court. Therefore, the part of the divorce agreement relating to divorce can only be authorised by a rabbinical court, where a divorce judgment can be given. Some parties authorise the whole agreement at the rabbinical court.
 
Secondly, although mutual consent is a ground for divorce under Jewish law the actual agreement to divorce cannot be enforced because this could interfere with the ‘get’ process. A ‘get’ (Jewish divorce deed) must be given and accepted with full consent and out of free choice.
In exceptional circumstances, use is made of sanctions against a husband who refuses to give his wife a divorce but only a ‘get’ given with full consent and out of free choice has legal validity.
 

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