ABSTRACT

According to Jewish law a marriage cannot be dissolved unless a husband gives his wife and she receives, a bill of divorcement (a get). The concept was developed by Jews when they ruled themselves. For much of its history the practice of the get put Jews ahead of the peoples around them who did not have divorce at all. A woman who has been civilly divorced is still regarded, in the eyes of Jewish law, as married. Although a Beth Din may apply coercion where a get is required by Jewish law, they do not accept that a secular court may force a husband to give his wife a get. The courts have been unwilling to refuse divorces on the ground that dissolution of the marriage will cause the respondent grave hardship and that in all the circumstances it would be wrong to dissolve the marriage.