Rabbinical Court Sets Firm Limits on Economic Coercion in Divorce Agreements

The Rabbinical Court has issued a clear ruling against using the refusal to grant a get (Jewish divorce document) as leverage for unfair economic demands in divorce proceedings. The court emphasized that conditioning the granting of a get on waiving financial rights such as alimony or property division crosses a red line and constitutes economic extortion. Such agreements signed under pressure are not considered valid and will be scrutinized carefully before approval.

The court clarified that negotiations involving a get must be free from coercion and reflect genuine consent. Even if both parties present a divorce agreement, the court will reject it if it was signed under duress or prolonged pressure. The ruling also stressed that failure to comply with a get order cannot be exploited to extract financial concessions, and property disputes should be resolved through legal channels rather than as conditions for granting a get.

Regarding property division, the court stated that rights must be determined according to law or fair agreements, not through power imbalances. In cases without mutual consent, legal procedures including appointing an actuary for resource balancing may be used. The court also highlighted that a spouse refusing to grant a get, for example when the wife wants to immigrate to Israel and the husband refuses, must comply with the law.

To combat get refusal, the court outlined legal tools such as invalidating coerced gets, awarding damages, imposing financial penalties, and issuing restrictions including license suspension, travel bans, asset seizures, and even imprisonment to enforce the obligation to grant a get.

This ruling sends a strong message that get refusal cannot be exploited for financial gain, reinforcing that property rights are governed by law or fair agreement, not by coercion or exploitation of vulnerability. The court rejects legitimizing get refusal and protects the principle of free and fair consent in divorce agreements.

The article was prepared with input from attorney and mediator Yael Ben David, who specializes in family law, divorce, inheritance, real estate, and immigration matters in Israel.