Benjamin v Benjamin  NZFC 3392
Published 01 October 2020
Application for dissolution of marriage — Jewish marriage — rabbanical law — Get — COVID-19 restrictions — Alert Level 2 — Family Proceedings Act 1980.
This was an application for the dissolution of marriage. The applicant husband had applied for a dissolution; the wife did not agree with dissolution but requested
to be present. The parties disagreed as to the date of separation, and were in the process of resolving relationship property issues.
The parties had a Jewish marriage. Under rabbanical law, the groom was required to initiate the process and acquire a "Get" which further required attendance of
rabbanical law experts and a senior Rabbi from Australia. Given the current COVID-19 Alert Level 2 restrictions this was not possible. The husband gave an
undertaking that he would obtain a Jewish divorce as soon as possible.
The sole ground for dissolving a marriage was irreconcilable break-down of the marriage which, given the parties had been living apart for two years, was satisfied.
The Judge made an order dissolving the marriage, but declined to make a finding of the actual date of separation.
Judgment Date: 20 May 2020.