Ketubah and Get: The Legal Guide to Divorce Under Religious Law and Civil Law

A divorce proceeding in Israel for a Jewish couple requires attention to the civil aspects (custody, property, support) and also to the religious-law elements: the Ketubah and the Get. These are critical concepts in divorce under Jewish religious law, they are handled in the Rabbinical Court, and they carry significant legal and financial implications.

At the Halevi • Levi law firm, we support clients in Get claims, Ketubah claims, Get refusal, and combined divorce proceedings in the Rabbinical Court and the Family Court.

What is a Ketubah?

A Ketubah is a document that is binding under religious law, signed at the marriage ceremony, in which the husband undertakes to pay his wife a sum of money in the event of divorce or death.

Can the Ketubah amount be claimed?

Yes. A woman may file a Ketubah claim in the Rabbinical Court as part of the divorce. However, the court does not automatically require payment of the amount written in the Ketubah, but examines the circumstances:

The reason for the separation ("who caused the divorce")

Claims of infidelity, violence, or abandonment

The good faith of both parties

The amount involved (whether it is considered reasonable or excessive)

In certain cases full or partial payment is awarded, or the woman loses her Ketubah.

What is a Get?

A Get is the religious divorce document. Without the delivery of a valid Get in the Rabbinical Court, the couple is still considered married under religion. According to religious law:

Only the husband can "give" the Get

Only the wife can "receive" the Get

Both must consent to the Get of their own free will

Therefore, any delay by one of the spouses may lead to a situation of Get refusal and harm the other party's freedom to open a new chapter in life.

Get refusal: what can be done?

When a party refuses to give or to receive a Get, this is a violation of basic rights, and at times even emotional abuse. In these cases it is possible:

To file a claim in the Rabbinical Court

To ask for legal sanctions to be imposed (a stay of exit from the country, revocation of a licence, fines, etc.)

To also turn to a civil proceeding, a claim for damages in tort over Get refusal

To act under the Rabbinical Courts Law (Enforcement of Divorce Judgments), 5755-1995

Why is professional legal advice important?

A Ketubah claim, Get refusal, or any proceeding connected with the Rabbinical Court calls for a deep understanding of both religious law and civil law. A lawyer who specializes in family law with experience in the Rabbinical Court will know how to conduct the proceeding efficiently, sensitively, and in a way that protects the client's rights throughout.

Common questions about the Ketubah and the Get

Does a Ketubah for a high amount always require payment in full?

No. The courts examine the parties' intention at the time of signing, the circumstances of the separation, and the reasonableness of the amount.

What can be done if the other party is not willing to divorce?

You apply to the Rabbinical Court and ask for a Get to be compelled. It is also possible to act legally for sanctions to be imposed, or to file a tort claim over the refusal.

Is it possible to divorce without a Get?

No. In Israel, a divorce between Jews must include the delivery of a Get in the Rabbinical Court, even if a civil judgment has already been given.

Am I entitled to Ketubah maintenance even if we separated long ago?

Possibly. As long as no waiver or forfeiture of the right has been proven, a claim can be filed even after a period of separation, but the court will weigh the circumstances of the case.

Whether the matter is a Ketubah claim, receiving a Get, refusal, or conducting a combined proceeding in the Rabbinical Court and the Family Court, at Halevi • Levi you will find attentive, determined and precise legal representation.