My husband and I signed a divorce agreement in which we both agreed to divorce. I agreed to lose my right to maintenance if I did not appear at the divorce ceremony at the rabbinical court. I decided not to divorce. I understand that my husband cannot force me to divorce. Do I have a chance of succeeding in a plea for maintenance at the family court instead?
By: דיאנה שאלתיאל•Published on: 16 May, 2022No. A Jewish wife who undertakes to forego her maintenance if she fails to turn up at the rabbinical court for her divorce ceremony is not entitled to file for her maintenance at the family court if she does not appear to receive her get as she undertook. While nothing can be done to enforce a Jewish spouse’s consent to divorce ,even if written , as this would invalidate the ‘get’ which must be given and accepted out of free will, a wife’s obligation to forego her maintenance will still hold.