Two different systems are ending the same marriage, and people understandably get them muddled. A civil divorce ends your marriage in Australian law; a Jewish get ends it in Jewish law. They run in different places, do different things, and — this is the part that catches people out — the order you do them in really matters. Here's the difference in plain English, and how to sequence them sensibly. For the bigger picture, start with the Jewish divorce and Australian law overview.
Civil divorce vs a Jewish get — what's the difference?
A civil divorce ends your marriage under Australian law; a Jewish get ends it under halacha (Jewish religious law). They are completely separate: a civil divorce is granted by the Federal Circuit and Family Court of Australia, while a get is a religious document granted through a Beth Din. One does not produce the other, and to be free to remarry within an Orthodox community you generally need both.
Put simply: the court can dissolve the marriage the government recognises, but it has no power over the marriage Jewish law recognises. Only a get does that.
- •What it ends — a civil divorce ends the legal marriage; a get ends the religious marriage.
- •Who grants it — the Family Court grants the civil divorce; a Beth Din oversees the get (the husband grants, the wife receives).
- •Legal force — a civil divorce is binding under Australian law; a get is recognised in Jewish law but has no civil authority.
- •If it's refused — the court can still divorce you without the other party's consent, but a get generally can't be forced, which is the agunah problem.
Do I need both a civil divorce and a get?
If you were married in a Jewish ceremony and may want to remarry within the Orthodox community — or your children may — then yes, you need both. A civil divorce on its own leaves you still married in the eyes of halacha; a get on its own leaves you still married in the eyes of Australian law. Each only finishes its own half of the job.
If you and your former partner are entirely secular and have no intention of remarrying within the community, the get may not matter to you in practice. That's a personal call — but it's worth understanding the consequences before you decide to skip it.
Which comes first — the get or the civil divorce?
There is no fixed legal rule that one must come before the other, and they often run in parallel — but the practical sequencing matters enormously. You can't apply for a civil divorce until you've been separated for 12 months, whereas the get can be arranged any time after you separate. The trap is leaving the get until last.
Here's why: once the civil side is done — property settled, parenting sorted, divorce granted — a reluctant husband can lose any incentive to grant the get, and you can end up civilly free but religiously chained. The sensible approach is usually to keep the get on the table while there is still something to resolve, so it doesn't become a bargaining chip. Coordinating the timing is exactly the kind of thing a lawyer who understands both systems plans from day one.
How the two processes run side by side
In practice the civil matter runs through the Family Court (and your lawyer) while the get runs through the Beth Din, which has no civil authority but works alongside the court process. A good outcome is one where the two are coordinated — the religious and civil steps timed so each supports the other rather than one quietly undermining the other.
This is the heart of why a general family lawyer, however good, can struggle with these matters: it isn't only about the law, it's about sequencing the law and the halacha together.
Getting the order wrong — the agunah risk
The single biggest risk of poor sequencing is get refusal. If everything the other party wants is settled before the get is given, the leverage to obtain it can disappear — leaving a spouse (most often the wife) as an agunah, a 'chained' wife unable to remarry religiously. The most reliable protection is to plan for it before marriage with a halachic prenup that works alongside a binding financial agreement; once a refusal is happening, a coordinated Beth-Din-and-court strategy is the realistic path.
Common questions about civil divorce and the get
Do I need both a civil divorce and a Get in Australia?
Usually, yes. A civil divorce ends your marriage under Australian law; a get ends it under Jewish law. If you were married in a Jewish ceremony and may want to remarry within the Orthodox community — or your children may — you need both, because each one only finishes its own half of the job.
Is a Jewish get recognised by Australian civil law?
No. A get is a religious document with no standing in Australian civil law, and a civil divorce has no standing in Jewish law. The two run in separate systems, which is exactly why most observant couples need to complete both to be properly free.
Can an Australian family court compel a spouse to grant a Get?
Not directly — an Australian court cannot order someone to perform a religious act. But the law is not powerless: get refusal can amount to family violence under the Family Law Act 1975, and a court can take a party's conduct into account. Combined with pressure from the Beth Din, that coordinated approach is the realistic path to obtaining a get.
How long does a Jewish divorce (get) take in Australia?
The get appointment itself is usually a single session of a few hours once both parties agree to proceed. The delay is rarely the ceremony — it's reaching agreement. Where a spouse refuses, it can drag on, which is the agunah problem. The civil divorce is separate and requires 12 months' separation before you can even apply.
What does a get cost?
The Beth Din's fee for administering a get is modest — typically a few hundred dollars to cover the scribe (sofer) and the administration. Your legal fees for the civil divorce and any property or parenting matters are separate from that.
Which comes first — the get or the civil divorce?
There's no fixed legal rule and they often run in parallel, but don't leave the get until last. Once the civil matters are settled, a reluctant spouse can lose the incentive to grant it — so it's usually wise to keep the get on the table while there is still something to resolve.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Practising family and property law in Melbourne since 2012. Last reviewed 26 June 2026.
This article is general legal information about Australian family law. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.