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Religion and Divorce

The growth of secularisation has seen religion's influence wane significantly in recent times. Malta recently became the last European nation to legalise divorce despite steadfast opposition from the influential Roman Catholic Church. The Filipino government also recently announced their intentions to discuss reintroducing divorce legislation to the country – a proposal that has been met with significant opposition from religious leaders – and should these discussions prove successful, then the Philippines will become the last major nation to recognise divorce. Whilst religion’s influence on everyday life has lessened, however, religion still exerts significant influence on the world of divorce and individuals who follow any religious doctrines should be aware that, in many instances, they will be required to obtain a religious divorce as well as a civil one. Most denominations of Christianity are tolerant of and allow divorce, but the Catholic Church will not allow a divorcee to remarry unless they have had their marriage annulled internally. This form of annulment is granted solely by the Catholic Church and a couple requesting an annulment will be required to attend a tribunal ran by the church during which the couple’s eligibility for religious annulment will be decided. Should the couple be granted an annulment, their marriage will have ended in the eyes of the church only and the couple will remain legally married until they obtain either a civil annulment or divorce. Divorce is permitted in Islam – though it is widely frowned upon – and is regarded as the legal means of dissolving what is viewed as a legal contract. In order to divorce legally, followers of Islam that live in the UK will still be required to obtain a divorce via the UK courts. They will also have to engage in separate procedures governed by Sharia law in order for their divorce to be recognised by Islam and allow them to remarry within this religion, however. These procedures differ as a result of both the applicants’ sex and to which Islamic denomination they belong. Husbands are required to inform their spouses of their intentions to divorce them (Shi'ite Muslims must do this in the presence of two witnesses) and then wait for a period of three months before the divorce is validated. The couple can reconcile during these three months, but the divorce will be granted if the husband indicates that he still wishes to divorce his wife following this the period having ended. Alternatively, if a wife wishes to divorce her husband, then she is required to wait for a period of one month before her application is placed before a Sharia judge who will then declare whether or not a divorce should be granted. Critics of Sharia law often argue that these laws are in need of reform as they unjustly favour male applicants. The Council of Islamic Ideology recommended that these procedures be reformed in November 2008, but these plans were shelved when the Council’s proposals were severely criticised by Islamic traditionalists. Judaism takes a somewhat lenient approach to divorce and recognises that it is ultimately better for a couple to separate and dissolve their marriage than live together in matrimonial disharmony. Like other religions, though, a civil divorce alone will not be recognised by Jewish law and divorcing couples are required to adhere to certain procedures in order to obtain a Jewish divorce. In accordance with Jewish law, a husband must instruct a religious scribe to prepare a document, known as a get, which states that the couple are now divorced. Once the husband presents this document to his wife and she, in turn, accepts the document, the couple are, in the eyes of Jewish law, divorced and allowed to remarry. Should the wife refuse to accept the get, then the divorce will not go ahead. The husband can, however, seek permission to remarry provided that he receives the approval of one hundred rabbis. Unfortunately, a wife whose husband refuses to issue a get is afforded no such recourse and she will remain married to her husband until a get is issued. Jewish feminists have pointed out that many husbands use this to demand money or other items from their wives before issuing gets, liking such behaviour to ransom. Other religions, including Hinduism and Sikhism, allow divorce under certain circumstances and will allow remarriage provided that one of the acceptable reasons for divorce – outlined within the Hindu Marriage Act 1955 – have been satisfied. Buddhists view marriages as entirely secular and a Buddhist can remarry within the religion provided they have obtained a civil divorce prior to remarrying. If one spouse does not agree to assist their partner in obtaining a religious divorce, then they can – provided they have also filed for a civil divorce – make use of the Divorce (Religious Marriages) Act 2002. This act allows the courts to postpone the production of a decreed absolute until it is satisfied that religious aspect of the divorce has been finalised.  In order to file for such assistance, the applicant will need to file an affidavit with the court following their decree nisi having been granted. It is strongly advised that any individual that intends to make such an application seek legal advice before doing so.

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