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| Long title | An Act to make provision enabling a court to require the dissolution of a religious marriage before granting a civil divorce |
|---|---|
| Citation | 27 |
| Introduced by | Andrew Dismore |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 24 July 2002 |
| Commencement | 24 February 2003 |
| Other legislation | |
| Relates to | Matrimonial Causes Act 1973 Family Law Act 1996 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the Divorce (Religious Marriages) Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Divorce (Religious Marriages) Act 2002 is an Act of the Parliament of the United Kingdom. The Act amends the Matrimonial Causes Act 1973 to allow one party to petition a court to not declare their divorce decree absolute until they have received a similar document from a religion's authority.
The Act was brought before Parliament by Andrew Dismore MP as a Private Members' Bill under the Ten Minute Rule.[1]
The Act applies only to England and Wales.
The need for the legislation was demonstrated in the 2000 divorce case of O v O.[2] Jewish religious law requires the consent of the husband before a wife can receive a religious divorce; without this she cannot remarry under religious law. Some husbands have refused permission for various reasons, including demanding money from the wife, but they have still received a civil divorce and all the advantages this confers, including civil remarriage. Requiring the religious notice to be presented first would prevent a husband from gaining any advantage civil divorce might grant while holding his wife to ransom.
See also
References
- ↑ Stephen Bates (27 July 2002). "Law seeks to ease Jewish divorces". The Guardian. London. Retrieved 26 July 2012.
- ↑ O v O (Jurisdiction: Jewish Divorce) [2000] 2 FLR 147
External links