Refusing to give a get is to be classified as abuse

V REFUSING TO give a get — the act of blocking a religious divorce — is to be recognised as a form of domestic abuse, the government confirmed this week.

Although the Domestic Abuse Bill, which is expected to be passed next month, does not specifically refer to the denial of a get, it is to be included in follow-up statutory guidance.

The move will strengthen the hand of those seeking to liberate agunot — women regarded as still religiously married (even with a civil divorce) because their husbands have denied them a get — or stop the get being used to extract terms in a divorce settlement.

Naomi Dickson, chief executive of Jewish Women’s Aid, which has been in talks with the Home Office, said: “The current position is that get refusal is referenced in the statutory guidance accompanying the Domestic Abuse Bill, with a case study, so that government intent is that it should be considered a clear example of domestic abuse.”

Over the past couple of years lawyers have begun using the 2015 law against controlling and coercive behaviour to threaten prosecution against men who have withheld a get from their ex-wives.

The new legislation will make it easier to take a get refuser to court because it clarifies that abuse can still take place even if the couple are separated and live apart.

Lord Wolfson of Tredegar, who was recently appointed a Justice Minister, said he was pleased “we have now included specific reference to refusal to grant a get within the draft guidance”.