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Gett refusal and forced marriage

A Gett is the Jewish document of divorce. Following a civil divorce, the husband is required to give his wife a Gett, and the wife is required to receive it. This process is usually facilitated through the Beth Din (Jewish court), enabling both parties to remarry in a synagogue.

Gett refusal occurs when one partner – often the husband – refuses to grant the Gett, effectively ‘chaining’ the other partner. In Jewish terminology, a woman in this situation is called an agunah, meaning a ‘chained’ woman. Some women remain in this state indefinitely.

Gett refusal is a form of abuse. Perpetrators of domestic abuse sometimes use Gett refusal to extort money from their ex-wife’s family in exchange for the document.

The refusal to grant a Gett has significant and profound impacts on an agunah

Here are some key effects:

  • Emotional and Psychological Distress: The refusal can cause immense emotional and psychological pain, leading to feelings of abandonment, frustration, and helplessness. The agunah may experience anxiety, depression, and a sense of being trapped.

  • Social Stigma: In many communities, an agunah may face social stigma and isolation. This can affect her social interactions and standing within her community, making her feel marginalised and unsupported.

  • Legal and Financial Difficulties: Without a Gett, the woman is still legally married according to Jewish law, which can complicate her legal status. This can affect her financial stability, as she might not be able to remarry or receive certain financial entitlements.

  • Impact on Children: If the agunah has children, they too can suffer from the instability and emotional turmoil caused by the unresolved marital status. The children’s well-being, education, and social life can be adversely affected.

  • Inability to Remarry: The most direct impact is the inability to remarry within the Jewish faith, which can prevent the agunah from moving on with her life and finding happiness with a new partner.

  • Religious and Spiritual Strain: The situation can lead to a spiritual crisis, as the agunah may struggle with her faith and religious identity due to the perceived injustice and lack of resolution within her religious framework.

Overall, the refusal to grant a Gett can have far-reaching and devastating consequences on an agunah’s life, affecting her mental health, social standing, financial stability, and overall well-being.

We support our clients around the issue through liaising with the Jewish courts and other support organisations.

What is forced marriage?

Forced marriage is a situation where one or both individuals are coerced into marrying against their will. In the Jewish community, this coercion can manifest through emotional pressure, physical force, or threats.

Forced marriages are often driven by cultural or familial expectations, where the autonomy and consent of the individuals are disregarded. This practice undermines the fundamental Jewish values of mutual respect and consent in marriage.

Forced marriage can have severe emotional, psychological, and legal repercussions for those affected, including feelings of entrapment, loss of personal freedom, and difficulty in seeking legal recourse or obtaining a Gett if the marriage breaks down.

It is against UK law under The Anti-Social Behaviour, Crime and Policing Act, 2014.

We work to raise awareness about this issue and provide support to those affected by forced marriage within the community.

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