The legal response to agunah is a civil lawsuit against a couple who refuses to cooperate in the process of granting or accepting Jewish legal divorce or "get" .
Video Legal responses to agunah
Agunah
In order for divorce to be effective under Jewish law, a man must give his wife a Jewish divorce - a get - his own will. Sometimes a Jewish woman may be detained in so-called "lame marriages" when her husband refuses cooperation in the form of divorce. He may have received a civil divorce but can not remarry in his religion, which means that for all intents and purposes, he may not be able to remarry - a phenomenon known as agunah . Where one party has the power to grant or withhold religious divorce, it can be used as a bargaining tool to pressure others to agree to more favorable terms of divorce. Parallel problems - sometimes called "housebreakers" - can arise when the wife refuses to respond to her husband's efforts to start the process of getting, such as refusing to appear before a rabbinical court to proceed. Although the consequences are not as serious as men, the result can still be a form of extortion to agree to approve the other's request.
Maps Legal responses to agunah
Canada
Since 1990, the Canadian Divorce Law has allowed Courts to listen to divorce to write off requests, pleadings, and/or written evidence from a party that creates a barrier to the religious marriage of their spouses.
In Bruker v. Marcovitz, The Supreme Court of Canada ruled that, in the Province of Quebec, a contractual condition between two couples requiring the husband to give his wife get is upheld. The Court overturned the decision of the Quebec Court of Appeal stating that as the substance of the obligation was religious, the obligation was moral and therefore could not be exercised by the court. The Supreme Court ruling, written by Judge Rosalie Abella, returned the decision of Mass J. trial, which had ordered a total of $ 47,500 in damages: $ 2,500 for each of the 15 years that the husband had refused to give earned , and $ 10,000 for Ms Bruker's inability to make children "legal" under Jewish law.
New York
In New York, a court can not enter a decision on cancellation or a divorce unless there is an obstacle to a religious marriage by a spouse, a deletion under the control of another spouse, has been removed. Section 253 of the Law of Domestic Relations (so-called "First New York Get Law") states that, in a contested divorce, any applicant whose marriage is inaugurated by a religious celebrity must file a statement that:
- he has taken, or will take, all steps in his power to remove all obstacles to the marriage of the other; or
- The other pair has been released in writing of the applicant's obligation to file a statement.
In an undisputed divorce both parties must file such a statement or release the other party's obligation to do so. The court can not enter the final verdict on divorce or cancellation unless it receives a statement and, even then, the final verdict can not be entered if the person sincerely swears that, to his knowledge, the applicant has failed to take all steps in his power to remove all obstacles at religious marriage other people.
Australia
In Australia, the Family Court at Gwiazda Gwiazda orders a reluctant wife to go to Bet Din in Melbourne. Emery J. observes that:
- If I correctly understand the intent of the Act, it is the duty of this court spokesperson to ensure that the right order is made fully effective, not only in theory but in reality. In this case the husband as a legal matter can marry any woman who is free to marry, subject only to the prohibition in the Marriage Act, but due to the fact and practicality he can not do it. "
The so-called "Gwiazda Orders" are now used occasionally when needed to produce fair results by asking the parties to refer their problem to local Beth Din. The Australian Legal Commission has proposed that the decision of the mission should not be absolute and, in any other process except in relation to a child, the court must have the power to delay the trial.
United Kingdom (England and Wales)
In England, in England and Wales, the Religious Marriages Act 2002, is associated with Jewish divorce. This law allows the Court's right of discretion to provide any remedy on the basis of the Tort's restoration, enforces civil or criminal or other penalties, or provides further assistance, and withholds the official dissolution of the last law of the marriage of the Jews or others by giving the absolute decision to a declaration made by both parties that they have taken such steps as are necessary to dissolve the marriage in accordance with the rabbinic law.
In the case of the law, there are a number of cases regarding the provision of get : in the case of O v O , the wife filed a petition for a civil divorce and granted a nisi decision . Since he has not received a prize, he has not applied for the absolute decision . The husband attempted to apply it under s9 (2) of the Matrimonial Causes Act 1973, but was rejected until the gain had been granted.
South Africa
Section 5A of the Divorce Act, 1979 provides that courts may reject divorce decisions if one partner does not take the necessary steps to dissolve a marriage (or to allow another spouse to remarry) in accordance with religious custom. The court can also make other orders that are considered fair. This provision was added in 1996 as a result of the report of the South African Law Reform Commission on Jewish divorce.
Married clause
The Lieberman clause, developed by Rabbi Saul Lieberman, does not deal with secular law, but includes, at the time of marriage, the provision of halakhic that marriage applies only to the conditions given by the man. a get within 6 months after secular court divorce. Whether the person refuses to give get , the marriage will be declared non-retroactive - it will be as if the couple never married from a Jewish legal perspective.
See also
- Divorce (Religious Marriage) Act 2002
Footnote
References
- Broyde, Michael J., "The New York Get the Law: Exchange", [1]
- Colman, Gene C. & amp; Joseph M. Poster "Jewish Marriage and Ontario Law", [2]
- Freedman, E, "'Religious Divorce in Israel", (April 2000), International Family Law , 20.
- Freeman, Michael, "The Jewish Law of Divorce", (May 2000), International Family Law , 58.
- Feldman, M, "Jewish Women and Secular Courts: Helping Jewish Women Get Getting" (1989-90) 5 Berkeley Law Journal Woman, 139.
- Jacobus, Helen, "Together", (11 August 2000), Jewish Chronicle .
- Katzenberg, S & amp; Rosenblatt, J, "Getting the Get", (March 1999), Family Law , 165.
- Stern, Marc D. "The Prenuptial Law Guide for Married Couples", [3]
Source of the article : Wikipedia
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