Rabbinical Court Sets Clear Limits on Economic Coercion in Divorce and Get Refusal Cases

The Rabbinical Court has issued a significant ruling clarifying that refusal to grant a get (Jewish divorce document) cannot be used as leverage to force unfair economic concessions in divorce agreements. The court emphasized that a get must not become a bargaining tool for financial gain, and any agreement signed under pressure or coercion will be scrutinized and may be invalidated.

Refusal to grant a get in exchange for waiving rights such as alimony, property division, or child custody is considered economic extortion rather than legitimate negotiation. The court stated that agreements reached under such conditions do not reflect genuine consent and must be carefully reviewed before approval. Even if both parties present a signed agreement, the court will reject it if it was signed under duress or if one party exploited their position to gain unfair advantages.

The court further clarified that property division should be determined according to law or a fair agreement, not through coercion. In cases without mutual consent, legal procedures including appointing an actuary to balance resources may be used. Additionally, if a spouse refuses to grant a get, legal sanctions can be imposed, including fines, travel bans, asset seizures, license suspensions, and even imprisonment to enforce compliance.

This ruling sends a clear message that the Rabbinical Court will not endorse agreements made under pressure and will protect the rights of both parties. It reinforces that economic rights must be settled fairly and legally, not through manipulation or exploitation of the get process. The decision was highlighted by family law attorney and mediator Yael Ben David, who noted the court’s firm stance against get refusal as a tool for financial blackmail.

The ruling aims to uphold fairness and prevent abuse in divorce proceedings, ensuring that the get is granted freely and without coercion, preserving the integrity of both religious and civil divorce processes.