Court Approves ‘Religious Divorce’

A Jewish couple who married in a Jewish ceremony in 2006 and subsequently separated have obtained the approval of the family court to have the marriage dissolved under an agreement mediated by a Rabbi.

After examining the procedures which would be applied, Mr Justice Baker concluded that these were compatible with those of the family court in the UK.

Although the decision has been portrayed as opening the door to religious divorce based on the laws of different faiths (The Times headline reading ‘High Court opens way to Sharia divorces’), the reality of the position is that it will be open to either party to obtain a review of the settlement terms by the family court, so unless the settlement is broadly in line with what might be expected had the case proceeded in the civil courts, a challenge is likely.

For advice on dealing with any family law issue or the dissolution of a relationship, contact us.