United Kingdom
In English law, the case of Brett v. Brett (1969) 1 All ER 1007, saw the court using its power to make and vary maintenance and property orders to induce the reluctant party to co-operate in the get. But this did not establish a consistent practice within the Family Court. The present rules derive from the Divorce (Religious Marriages) Act 2002 (as implemented by the Family Proceedings (Amendment) Rules 2003), which applies if a decree nisi has been granted but not made absolute and the parties:
- (a) were married in accordance with:
- (i) the usages of the Jews, or
- (ii) any other prescribed religious usages; and
- (b) must co-operate if the marriage is to be dissolved in accordance with those usages.
On the application of either party, if the court is satisfied that in all the circumstances of the case it is just and reasonable to do so, it may order that the decree nisi is not made absolute until a declaration made by both parties that they have taken such steps as are required to dissolve the marriage in accordance with those usages is produced to the court.
Read more about this topic: Civil Recognition Of Jewish Divorce, The Relationship Between State and Religion
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