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Divorce (Religious Marriages) Act 2002

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Divorce (Religious Marriages) Act 2002
Long titleAn Act to make provision enabling a court to require the dissolution of a religious marriage before granting a civil divorce
Citation27
Introduced byAndrew Dismore
Territorial extent England and Wales
Dates
Royal assent24 July 2002
Commencement24 February 2003
Other legislation
Relates toMatrimonial 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Text of statute as originally enacted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.[citation needed]

See also

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References

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  1. ^ Stephen Bates (27 July 2002). "Law seeks to ease Jewish divorces". The Guardian. London. Retrieved 26 July 2012.
  2. ^ O v O (Jurisdiction: Jewish Divorce) [2000] 2 FLR 147
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