Is it possible that the date on which a divorce agreement is signed or authorized is actual later than the date on which the parties, both Jews, actually divorced in a ceremony according to law ?
By: דיאנה שאלתיאל•Published on: 09 May, 2022
Yes, in certain circumstances, although normally the divorce agreement comes before the ceremony itself. Jewish couples reaching an agreement over divorce usually submit it to the rabbinical court for authorization at a hearing, and incorporation into a divorce judgment first. A date is then set for the divorce ceremony itself. However, where there is a dispute between the parties, usually over custody or property, the rabbinical court can ‘manipulate’ the parties positively and suggest they reverse the order – and divorce first and get the problem solved later, either by the rabbinical court ruling on it, or by the parties agreeing to the rabbinical court deciding on the outstanding issue in dispute. This is to avoid the undesired situation where the rabbinical court issues a divorce judgment – but then finds that one party who feels hard done by refuses to co-operate in the actual divorce ceremony. According to Jewish law, there must be mutual consent and free will on the part of both parties i.e. the man has to give the wife the ‘get’ (divorce document) willingly and she must accept it willingly for the divorce to be valid.