Divorce (Religious Marriages) Act 2002
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The Divorce (Religious Marriages) Act 2002 is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. The Act amends the
Matrimonial Causes Act 1973 The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales. Contents The act contains four parts: # Divorce, Nullity and Other Matrimonial Suits # Financial Reli ...
to allow one party to petition a court to not declare their divorce decree absolute until they have received a similar document from a religion's authority. The Act was brought before Parliament by
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MP as a
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under the
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. The Act applies only to
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. The need for the legislation was demonstrated in the 2000 divorce case of ''O v O''.''O v O (Jurisdiction: Jewish Divorce)''
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2 FLR 147
Jewish religious law requires the consent of the husband before a wife can receive a religious divorce; without this she cannot remarry under religious law. Some husbands have refused permission for various reasons, including demanding money from the wife, but they have still received a civil divorce and all the advantages this confers, including civil remarriage. Requiring the religious notice to be presented first would prevent a husband from gaining any advantage civil divorce might grant while holding his wife to ransom.


See also

*
Civil recognition of Jewish divorce Legal responses to agunah are civil legal remedies against a spouse who refuses to cooperate in the process of granting or receiving a Jewish legal divorce or ''"get"''. Agunah For a divorce to be effective under Jewish law, a man must grant his w ...


References


External links


The text of the law as currently in force
Divorce law in the United Kingdom United Kingdom Acts of Parliament 2002 Acts of the Parliament of the United Kingdom concerning England and Wales 2002 in religion Marriage and religion {{UK-statute-stub