The Get: Jewish Divorce Document Explained

The Get: Jewish Divorce Document Explained

In Israel, a Get (Jewish divorce document) is legally required to dissolve a Jewish marriage. Without a Get, both spouses remain married under Halacha (Jewish law) and cannot remarry through the Rabbinate. Understanding the Get process, your rights, and the legal protections available is essential for anyone going through a divorce in Israel.

What Is a Get?

A Get is a handwritten document prepared by a certified scribe (Sofer Stam) that formally ends a marriage under Jewish law. It contains the names of both spouses, the date, and the location. The Get must be voluntarily given by the husband and voluntarily received by the wife in the presence of the Rabbinical Court. Once delivered, both parties are free to remarry.

The Get Process Step by Step

• Opening a case — One or both parties submit a request to the Rabbinical Court
• Scheduling — The court sets a date for the Get ceremony
• Writing the Get — A certified scribe writes the Get by hand in the presence of witnesses
• Delivery — The husband hands the Get to the wife before the court
• Tearing the Get — The court tears the document and stores it in its archives
• Divorce certificate — Both parties receive an official certificate confirming the divorce

Get Refusal: A Serious Problem

One of the most difficult issues in Israeli divorce law is Get refusal (sarvanut get). When one spouse refuses to give or accept the Get, the other spouse becomes "chained" (agun/agunah) and cannot remarry. Get refusal is used as a tool of control and coercion more often than many people realize.

Legal Sanctions Against Get Refusal

Israeli law provides the Rabbinical Court with significant enforcement tools to deal with Get refusal:

• Restriction orders — The court can revoke the refusing party's driver's license, passport, and access to bank accounts
• Imprisonment — In severe cases, a Get refuser can be jailed under the Rabbinical Courts (Enforcement of Judgments) Law
• Civil damages — Family Courts have increasingly awarded financial compensation to victims of Get refusal

Agunah Rights and Prevention

Multiple organizations in Israel work to support agunot (women chained by Get refusal). Preventive measures include halachic pre-nuptial agreements that create financial incentives for timely Get delivery. These agreements are increasingly recommended by rabbis and family lawyers alike. If you are facing Get refusal, seek legal help immediately — early intervention significantly improves outcomes.

Frequently Asked Questions

How long does the Get process take?

When both parties agree, the Get ceremony itself takes about an hour. The process from opening a case to the ceremony typically takes several weeks to months.

What happens if the husband refuses to give a Get?

The Rabbinical Court can impose severe sanctions including revoking the driver's license, passport, and bank access. In extreme cases, imprisonment is possible. Family Courts can also award financial compensation.

Can a wife refuse to accept a Get?

Yes, a wife can also refuse to accept a Get. Recent legislation allows sanctions against women who refuse a Get in certain circumstances.

What is a prenuptial agreement to prevent Get refusal?

A prenuptial agreement creates financial incentives for timely Get delivery. The most common model in Israel is the "Mutual Respect" agreement supported by the Chief Rabbinate.