Divorce and refusal of divorce

The terms get and get refusal come up in the media often, and not everyone understands what they mean. A get, the Jewish divorce document, and the refusal to grant one touch the basic rights of both husband and wife, and above all the woman’s rights to freedom and dignity. The good news is that as of 2023, get refusal has solutions.

In this article we explain what a get is and what get refusal means, describe the solutions available to a refused spouse, and distinguish between the way the rabbinical court handles get refusal and the way the civil court does.

Divorce and refusal of divorce – the concepts explained

The get (divorce document)

A get is the halakhic document used in Jewish tradition to effect a divorce between husband and wife. During the divorce ceremony, the husband hands the get to his wife, ending their marriage and formally releasing her. The get carries a short but weighty statement: “You are permitted to every man.”

The main effect of the get is to free the woman from the marriage completely, leaving her free to marry another person without any legal or religious impediment. Once the get is given, the laws of adultery no longer apply to her, since she is no longer considered a married woman.

 Divorce proceedings can take place in the civil courts and through the divorce procedure at the rabbinate.

Get refusal

Get refusal is a situation in which the husband withholds the get from his wife and blocks the dissolution of the marriage. Divorce in Israel is governed by religious law, so if the husband refuses to grant his wife a get, she becomes an agunah: despite her wish to be released from the bonds of marriage, she remains tied to her husband, is still considered his wife, and cannot marry another man.

 Divorce and refusal of divorce – what are the solutions?

Both the Rabbinical Court and the civil courts offer several ways to free the woman from those chains.

When a divorce lawyer in Jerusalem persuades the rabbinical court that grounds for divorce exist, the court will issue a ruling obliging the husband to grant his wife a get. If the husband does not comply and still refuses, the court can press the divorce on him in several ways and impose a range of sanctions. Which sanction to apply is left to the court’s discretion.

Get refusal – the sanctions the rabbinical court can impose to bring about the get:

The Rabbinical Court may issue restrictive orders against a get refuser and impose one or more of the following sanctions:

It can restrict the refuser’s ability to leave the country.

It can block a get refuser from receiving an Israeli passport or from extending its validity, other than for returning to Israel.

It can restrict the holding of a driver’s license or block its renewal.

It can bar a get refuser from being appointed, elected, or serving in a position or office in the civil service.

It can limit a refuser’s ability to operate a business that requires a license or permit, or to practice a profession regulated by law.

It can restrict the opening or holding of a bank account, the opening of a new account, or the drawing of checks on the account.

It can seize the refuser’s real and movable property.

It can place a lien on a pension or benefit the refuser receives.

In special cases, the court can issue an arrest warrant against the refuser.

Divorce and refusal of divorce – what can the civil court do about a get refuser?

Where the sanctions imposed by the rabbinical court fail to move the refusing husband and he persists in his refusal, the wife can take the civil route and file a claim for damages in court.

The woman can sue her husband for the harm the refusal has caused her, such as mental pain and suffering, the violation of her freedom, the lost chance to marry and have children, and more.

If the court accepts the claim, it will order financial compensation for the damages.

In 2016, the State Attorney issued a directive under which get refusal can be treated as a criminal offense, allowing prosecution of refusers. That authority is exercised where the court has issued an order compelling a get and the husband continues to refuse. If an indictment is filed against him, he can be sentenced to prison.

Please note: a woman can also refuse to accept a get, and sanctions can be imposed on her as well, but imposing them requires the approval of the President of the Rabbinical Court.

What sanctions are imposed for refusing a get?

Get refusal is a painful phenomenon, but there are ways to fight it.

Get refusal means that the husband, or in rare cases the wife, refuses to grant a get and release the other spouse from the bonds of marriage. To force a refusing husband’s hand, both the rabbinical court and the civil courts can impose sanctions designed to bring him to grant his wife the get.