Navigating religious divorce with sensitivity & understanding

A Jewish person seeking a Get (Jewish divorce) may encounter unique challenges that can deeply affect both their religious and civil status. In Jewish law, a Get must be willingly given by the husband and accepted by the wife, and without it, the parties remain religiously married even if a civil divorce is finalised. This can lead to situations where one party, often the wife (known as an “Agunah” or “chained woman”), is unable to remarry within the faith if the Get is withheld. Withholding a Get may be used as a tool for abuse or to obtain a better financial settlement or access to the children. The process can be further complicated by community pressures, the involvement of religious authorities, and the emotional toll of navigating two legal systems. At Freeths, we work closely with clients and, where appropriate, with religious courts (Batei Din) to achieve our clients’ objectives.

For Muslim clients, the negotiation of the Mahr (Islamic dowry) during divorce can present unique challenges. The Mahr is a fundamental part of the Islamic marriage contract, intended as a financial right and protection for the wife. However, its treatment during divorce can be complex, especially when civil and religious expectations diverge. Disputes may arise over whether the Mahr has been paid in full, whether it should be returned (particularly in cases of Khula, where the wife initiates the divorce), or how its value should be assessed—especially if it was agreed as a symbolic amount, gold, property, or a deferred sum. There can also be confusion about the interplay between Mahr and financial settlements under English law, as civil courts may not always enforce religious agreements, especially where the marriage is very short. Additionally, cultural expectations and family involvement can add pressure, and misunderstandings about the purpose or enforceability of the Mahr may lead to further conflict. 

For Christian clients, divorce can present unique challenges that go beyond the legal process. Many Christian denominations view marriage as a sacred covenant, and the decision to divorce may carry significant emotional and spiritual weight. Some clients may feel conflicted due to religious teachings that discourage or prohibit divorce, leading to feelings of guilt, shame, or fear of community judgment. In certain cases, clients may also seek a judicial separation rather than a divorce, which has an impact on the financial claims the parties can make.