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

A divorce proceeding in Israel for Jewish couples requires addressing not only the civil aspects (custody, property, support) – but also the halachic components: the Ketubah and the Get. These are critical concepts in divorce under Jewish religious law, which are handled in the Rabbinical Court and carry significant legal and financial implications.

At the Halevi • Levi Law Office, we accompany clients in Get claims, Ketubah claims, Get-refusal cases, and combined divorce proceedings in the Rabbinical Court and the Family Court.

What is a Ketubah?

A Ketubah is a binding document under religious law, signed at the wedding 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 stated in the Ketubah – but rather 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 size of the amount (whether it is considered reasonable or excessive)

In certain cases full or partial payment will be awarded – or the woman will lose her Ketubah.

What is a Get?

A Get is the halachic divorce document – and without the delivery of a valid Get in the Rabbinical Court, the couple is still considered married according to 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 begin a new chapter in life.

Get refusal – what can be done?

When a party refuses to give or receive a Get, this is a violation of fundamental rights – and sometimes even emotional abuse. In such cases it is possible to:

File a claim with the Rabbinical Court

Request the imposition of legal sanctions (a ban on leaving the country, revocation of a license, fines, etc.)

Also pursue a civil proceeding for a tort damages claim on account of Get refusal

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 to the Rabbinical Court requires a deep understanding of both halachic law and civil law together. A lawyer specializing 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.

Frequently asked questions about the Ketubah and the Get

Does a high-value Ketubah always require full payment?

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

What do you do if the other party is unwilling to divorce?

You turn to the Rabbinical Court and request the compelling of a Get. It is also possible to act legally to impose sanctions or to file a tort claim for refusal.

Can you 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 issued.

Am I entitled to Ketubah support even if we separated a long time ago?

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

Whether it is a Ketubah claim, obtaining a Get, refusal, or managing a combined proceeding in the Rabbinical Court and the court – at the Halevi • Levi Law Office you will find attentive, determined, and precise legal representation.