Latest News:
Coronavirus (COVID-19): Supporting our clients through challenging times. Find out more, click here.
CALL US:     020 7608 1227     Out of hours:     07826 559 418

Section 10A of the Matrimonial Causes Act 1973 was introduced to provide assistance to individuals who although divorced in English Law, are unable to remarry in accordance with their religious laws because the other party will not cooperate in obtaining a divorce in accordance with the usages of that religious law. For example where a Jewish husband refuses to provide what is known as a Get (Jewish Divorce) or a Muslim husband refuses to adhere to the pronouncement of Talaq (Islamic Divorce).

The English Civil Courts acknowledge the religious and cultural background of the parties in dispute, such that the Divorce (Religious Marriages) Act 2002 enables the courts to refuse to make a decree of divorce absolute unless a declaration is made by both parties confirming that the relevant steps in respect of the religious aspects of the divorce have been taken.

The case of Re AI and MT [2013] EWHC 100 (Fam) highlighted the courts approach to these kinds of cases. Here, we see the importance of the role played by the Beth Din within Jewish Family law when the English Court stayed proceedings in the UK to allow a couple to go through arbitration in the religious courts. Once agreement had been reached through the Beth Din arbitration, the High Court approved the agreement reached.

At Goodman Ray, we understand that there may be serious religious ramifications if the correct religious steps are not taken in relation to divorce. We therefore make it a concern to consider the role that religion and culture may play in obtaining a divorce.

https://goodmanray.com//divorce-and-relationship-breakdown/

Novlet Levy (Trainee Solicitor)

×

Request a Free Call Back

Use this form to request a call from one of our Solicitors

    By completing this form you agree to our Privacy Policy.

    London (Head Office)


    9 Gough Square
    London
    EC4A 3DG
    Get directions on the map →

    Brighton


    Mocatta House
    Trafalgar Place
    Brighton
    BN1 4DU
    (by appointment only)

    Get in touch with our Solicitors


    London Office

    020 7608 1227

    Mon - Fri 09:30 – 17:30

    Brighton Office

    01273 007 264

    Mon - Fri 09:30 – 17:30

    Emergency Phone

    07826 559 418

    Weekends / Out of hours
    • Authorised and regulated by the Solicitors Regulation Authority: 60514.
    • Goodman Ray Solicitors LLP registered under company number OC382130.
    • Registered address: 9 Gough Square, London, EC4A 3DG
    • Authorised and regulated by the Solicitors Regulation Authority (SRA) – SRA number 592367.
    • Our registration number with the Information Commissioner is Z5059567.