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Home / Will a wife who is desperate to divorce her violent husband have a hope of succeeding – without giving in to his threat to condition his consent at the rabbinate upon her promise not to bring certain legal action against him ?

Will a wife who is desperate to divorce her violent husband have a hope of succeeding – without giving in to his threat to condition his consent at the rabbinate upon her promise not to bring certain legal action against him ?

By: דיאנה שאלתיאלPublished on: 20 June, 2022
Yes – where the husband is proven to be violent then the court can oblige him to divorce – without allowing him to condition his consent on undertakings by his wife to refrain from taking certain legal action. In a case before Jerusalem rabbinical court the husband admitted to extreme violence against his wife, but after she filed for divorce, he said he would agree to end the marriage only if she undertook not to file for child maintenance at the family court – and supplied guarantors. The wife claimed that his demand for guarantors was unreasonable because as a new immigrant she did not know people well enough to ask them to be guarantors. The rabbinical court held that in the circumstances , given the extreme violence involved, the husband must divorce his wife – and said that the wife should make reasonable efforts to find guarantors to speed up the process.
 

 


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