Divorce (Religious Marriages) Act 2002
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.
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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| Text of statute as originally enacted | |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 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