Property millionaire who denied his wife Jewish religious divorce has pleaded guilty


Alan Moher, 57, has pleaded guilty to engaging in 'coercive or controlling behaviour' in a 'landmark' court case after he denied his wife a Jewish religious divorce. Pictured: Mr Moher at a previous hearing in 2019

Alan Moher, 57, has pleaded guilty to engaging in ‘coercive or controlling behaviour’ in a ‘landmark’ court case after he denied his wife a Jewish religious divorce. Pictured: Mr Moher at a previous hearing in 2019

A property millionaire who denied his wife a Jewish religious divorce has pleaded guilty to engaging in ‘coercive or controlling behaviour’ in a ‘landmark’ court case. 

Alan Moher, 57, of Salford, Manchester, separated from his ex-wife Caroline in 2016 after 21 years together and the couple later divorced in the Family Court in 2019.

The couple, who wed in 1995 and have three children together, had a decree nisi granted by the Family Court in 2016 – but the civil divorce proceedings were not completed until 2019.

Despite their marriage being dissolved legally, Jewish law requires a ‘Get’ – a document that effectuates a divorce between a couple in the orthodox Jewish faith.

The court heard that Moher did not give Ms Moher a ‘Get’, meaning she was unable to enter into a relationship with another man, remarry or have more children. 

The text of the Get states ‘You are hereby permitted to all men’, which means that the woman is no longer married and that the laws of adultery no longer apply.

It also returns to the wife the legal rights that a husband holds in regard to her in a Jewish marriage.

Ms Moher brought a private prosecution for a charge of controlling or coercive behaviour between January 2016 and January last year at Southwark Crown Court on Monday – with her lawyers describing it as a ‘landmark case’. 

Moher, who first pleaded not guilty, changed his plea to guilty and his barrister, Jeffrey Israel, explained his basis of plea did not ‘reflect the particulars’ on the indictment 

Judge Martin Beddoe granted Moher bail on conditions not to contact Ms Moher and ordered him to return to court for sentencing on April 1 – warning that he could face a custodial sentence. 

Caroline Moher, who has three children with her ex-husband, brought a private prosecution for a charge of controlling or coercive behaviour between January 2016 and January last year at Southwark Crown Court on Monday - with her lawyers describing it as a 'landmark case'. Pictured: Ms Moher at a previous hearing in 2019

Caroline Moher, who has three children with her ex-husband, brought a private prosecution for a charge of controlling or coercive behaviour between January 2016 and January last year at Southwark Crown Court on Monday – with her lawyers describing it as a ‘landmark case’. Pictured: Ms Moher at a previous hearing in 2019

Moher, who first pleaded not guilty, changed his plea to guilty and his barrister, Jeffrey Israel, explained his basis of plea did not 'reflect the particulars' on the indictment. Pictured: Southwark Crown Court, London

Moher, who first pleaded not guilty, changed his plea to guilty and his barrister, Jeffrey Israel, explained his basis of plea did not ‘reflect the particulars’ on the indictment. Pictured: Southwark Crown Court, London

What is a Get? 

A Get is a divorce document in Jewish religious law, which must be presented by a husband to his wife to give effect to their divorce.

The text of the Get states ‘You are hereby permitted to all men’, which means that the woman is no longer married and that the laws of adultery no longer apply.

It also returns to the wife the legal rights that a husband holds in regard to her in a Jewish marriage.

Jewish law dictates the Get must be given of the husband’s free-will and be physically accepted by the wife.

It must be specific and cannot include blanks to be filled in later, while it cannot be written on any surface which could be erased.

A wife can sue for divorce in rabbinical court, which can compel a husband to grant the separation through financial penalties and even forcing the husband to spend a night in an unmarked grave.

Jewish law states that coercion will invalidate a Get except in ‘extreme circumstances’.  

The charge states he ‘used or threatened her with violence causing her to fear for her own personal safety on two or more occasions; exercised unreasonable financial control, including by obstructing any financial settlements ordered by the Family Court; agreed to a civil divorce but prevented her from obtaining a Get (Jewish religious divorce) enabling her to remarry in accordance with Jewish law and practice’, according to Jewish News.

In the document, agreed between prosecution and defence, he admitted his behaviour ‘was controlling in a number of ways which made it more difficult for her to regain control of her life’.     

It also states the case did not involve ‘an outright refusal’ to give a Get but ‘did involve conduct which was likely to have been interpreted as using unreasonable manipulation of the inherent control a Jewish man has to give his wife a divorce, and thereby release her from the marriage.

‘Specifically, at various times, financial discussion was raised with the complainant to induce her to take less money than had been ordered by the Family Court proceedings in order to facilitate the giving of a Get.’ 

Ms Moher’s solicitor, Gary Lesin-Davis, said, ‘Prosecution can provide a powerful remedy to protect vulnerable women whose treatment by recalcitrant husbands strays into criminal offending.

‘Get refusal involves a serious restriction on the liberty of the victim and is behaviour designed to control and undermine a victim, keeping her in an intimate relationship against her will and preventing her from remarrying.’   

In 2019, the family court ruled that Moher must pay £1.6 million and £1,850 per month in maintenance payments until he grants her a ‘Get’.

However, at the time he claimed a Get must be granted ‘freely’ and only when financial ties between a couple are ended, adding the maintenance payments would therefore invalidate the religious divorce.

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