When Religious Divorce Becomes Family Violence
Family violence is not always physical. Courts are increasingly recognising that emotional, cultural, and religious pressures can also amount to family violence under Australian law.
One recent case in the Federal Circuit and Family Court of Australia brought this issue into sharp focus. The case dealt with parents in dispute about whether their child should live in Australia or the United States. The Court also had to look at serious allegations of coercive control within the relationship.
The Issue of Religious Divorce – Briedis & Saar
In this case, the mother said the father had threatened not to grant her a Jewish religious divorce, called a Gett, unless she agreed to certain conditions.
A Gett is required under Jewish law before a couple is considered divorced within the faith. Without it, a woman can remain bound in her religious community, unable to remarry and facing significant stigma. This is sometimes referred to as being a “chained woman.”
Australian Courts cannot compel someone to grant a Gett because it must be given voluntarily, but they can and do recognise the harm caused when threats of withholding a religious divorce are used as a form of control.
The Court’s View on Family Violence
The judge in this case ruled that the father’s threat amounted to family violence. It wasn’t treated as an outburst but part of a broader pattern of behaviour designed to control the mother. The Court stressed that:
- Using religious obligations as leverage can strip a person of their independence.
- Threats tied to cultural or religious practices can cause lasting emotional harm.
- Coercion of this kind falls within the legal definition of family violence under section 4AB of the Family Law Act 1975 (Cth).
Legal Protections Available
Even though the Court cannot order a religious divorce, it does have tools to protect people experiencing coercion. These include:
Recognising religious threats as family violence
This can affect parenting and financial decisions.
Making parenting or property orders
These may encourage or support compliance with religious obligations, while ensuring safety and fairness.
Intervention Orders
Where necessary, a party can seek protective orders from the Court to restrict further coercion or threats.
In short, while Australian law respects religious freedom, it will not permit cultural or religious practices to be misused as a way of controlling or harming another person.
Why This Matters
This decision reinforces that family violence extends beyond physical harm. It includes conduct that undermines someone’s autonomy, whether through financial pressure, emotional manipulation, or religious coercion.
For people going through separation or divorce, it means that the Court will consider the full context of the relationship, including cultural and religious pressures.
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