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Divorce Procedure for Overseas Pakistanis

Divorce Procedure for Overseas Pakistanis

The divorce procedure for overseas Pakistanis requires filing a divorce notice with the relevant Union Council or arbitration court in Pakistan, either in person or through a legal representative. The Union Council issues notices to both parties and proceeds with arbitration, and if reconciliation fails, a divorce certificate is issued after a mandatory waiting period of 90 days.

Family Court in Pakistan

Family courts in Pakistan have exclusive jurisdiction over personal matters such as marriage, divorce, custody, and maintenance. These courts can handle cases even if one party resides overseas, as long as the residence or part of the cause of action is within Pakistan.
The legal framework ensures swift resolution of disputes, with specific provisions like the West Pakistan Family Courts Act allowing for expedited processes. Overseas individuals, including non-citizens, can also sue in these courts, and documents like the Nikahnama are admissible as evidence unless challenged.

Steps and Documentation for Overseas Divorce Procedure

If you are going through an overseas divorce and need to handle the documentation in Pakistan, here’s a simple guide:
First, the legal procedure for divorce depends on the country where the divorce takes place. It is important to consult a lawyer to understand the specific process for that country.
Once the divorce is finalized abroad, you must register it with the local authorities in Pakistan to make it official. Without this step, divorce may not be recognized in Pakistan.
Next, you should have your divorce documents legalized. This means they will need to be stamped or certified to be accepted in Pakistan. Sometimes, these documents need to be legalized in the country where the divorce was granted before they can be used in Pakistan.
If your divorce took place abroad, it’s important to convert your foreign divorce documents into the equivalent Pakistani or Dutch documents. This is necessary for official purposes such as remarrying, applying for benefits, or handling legal matters.
After registering for divorce, you can request official copies of your divorce documents from the authorities. These copies are important for future legal purposes, such as when you get married again or need to apply for government benefits.
In cases where your marriage or partnership happened abroad, the local municipality or The Hague’s Foreign Document Department will help you in registering and converting the documents.

Role of Pakistani Embassies and Consulates in Divorce Proceedings for Overseas Pakistanis

The Pakistani Embassy plays a crucial role in assisting overseas Pakistanis with divorce procedures by providing documentation guidance, legal information, communication facilitation between parties, consular services, and referrals to local legal professionals specializing in international family law.
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Famous Types of Divorce for Overseas Pakistanis

For overseas Pakistanis, a husband can initiate divorce by sending a written notice of divorce to the relevant Union Council in Pakistan, as per Islamic law. A wife, on the other hand, can file for divorce through “Khula” by applying to a family court in Pakistan, seeking dissolution of marriage based on specific grounds.

Divorce Procedure for Overseas Pakistani by Husband

For overseas Pakistani husbands initiating a divorce, the process requires adherence to both Pakistani laws and relevant procedures of the country of residence. The husband must send a written notice of divorce to the local union council in Pakistan, followed by completing a period of reconciliation, typically 90 days. It is essential to ensure proper documentation, including the marriage certificate and other relevant legal documents, to avoid complications in both countries.

Divorce Procedure for Overseas Pakistani by Wife

For an overseas Pakistani wife seeking a divorce or khula (dissolution of marriage), the process can be managed without her physical presence in Pakistan. The wife must appoint a representative through a special power of attorney, which is attested by the Pakistan High Commission in her country and then by the Foreign Office in Pakistan. This representative can handle the legal proceedings, including filing the case for Khula in a family court. Once the khula decree is obtained, further proceedings take place at the Union Council to acquire the official Divorce Certificate
Additionally, under the Dissolution of Muslim Marriages Act, a wife may pursue divorce on grounds like neglect, cruelty, or the husband’s absence for four years. The legal process ensures the woman’s rights, such as claims to deferred dower and maintenance during the iddat period

Time Period of Divorce for Overseas Pakistanis

The divorce process for overseas Pakistanis generally takes around 90 days to complete. This period includes the mandatory reconciliation process initiated by the Arbitration Council after the husband or wife files for divorce or khula. During this time, the parties may attempt to resolve their issues, but if reconciliation fails, the divorce is finalized at the end of these 90 days, ensuring all legal formalities are followed both in Pakistan and abroad​

Is the Paper of Divorce Necessary After Ending the Marriage?

Yes, obtaining the official divorce certificate is necessary after the dissolution of marriage. This document serves as legal proof that the marriage has been officially terminated. In Pakistan, after the court grants the divorce (or khula) decree, the couple must register it with the Union Council or Arbitration Council to obtain the divorce certificate. This certificate is essential for legal purposes, including remarrying, resolving custody issues, and making property or financial claims. This document is necessary for the divorce to be recognized by law, creating complications in future legal matters.

How Can an Overseas Pakistani File a Petition for Divorce Without Coming to Pakistan?

An overseas Pakistani can file for divorce without physically coming to Pakistan by appointing a representative through a special power of attorney. This power of attorney must be attested by the nearest Pakistan High Commission or Consulate in the country of residence and then counter-attested by the Foreign Office in Pakistan. The appointed representative can then file for divorce or khula on behalf of the individual, handle legal proceedings, and complete the process in the family court. Once the court issues a decree, the representative can also manage the registration with the local Union Council to obtain the official Divorce Certificate.

What Happens If Verbal Divorce Is Given?

Suppose a verbal divorce (Talaq) is given. In that case, it may be considered valid under Islamic law, but to be legally recognized in Pakistan, it must follow the procedures outlined in the Muslim Family Laws Ordinance. After pronouncing a verbal divorce, the husband is required to send a written notice to the Union Council and provide a copy to the wife. The Union Council will then initiate a reconciliation process, which lasts 90 days. If reconciliation fails, the divorce becomes effective. Without this formal notice and procedure, the verbal divorce may not be legally recognized, potentially causing issues with official documentation and future legal matters

What If Procedure Detailed Above Is Not Followed?

If the detailed divorce procedure, such as sending a written notice to the Union Council, is not followed, the divorce may not be legally recognized under Pakistani law. This can create complications for both parties, including issues with remarriage, property disputes, and financial matters. The husband may face legal consequences for failing to comply with the legal requirements, and the divorce may be considered invalid in official records. Furthermore, without the proper registration and issuance of a Divorce Certificate, the separation may not be enforceable in court or acknowledged for future legal proceedings.

Right of Hizanat in Pakistan

In Pakistani law, the right of *hizanat* grants the mother custody of a male child until the age of seven and a female child until puberty, by Muslim law and the Guardian & Wards Act 1890. However, this right is not absolute, as factors such as the welfare of the minor, parental remarriage, and the character or wishes of the child influence the final custody decision.

FREQUENTLY ASKED QUESTIONS:

In Pakistan, a marriage can be dissolved through various means, including Talaq (divorce initiated by the husband), Khula (divorce initiated by the wife through court intervention), and by mutual consent of both spouses. Additionally, a judicial decree can be sought if other conditions for dissolution are met​.
Yes, overseas Pakistani wives can file for an international divorce (Khula) in Pakistan without needing to visit the country. They must have their marriage registered in Pakistan and can appoint a representative through a Power of Attorney to handle the legal proceedings on their behalf.
No, the dissolution of marriage is not complete immediately after obtaining Khula from the court. The wife must apply with the Chairman of the Arbitration Council or Union Council to obtain an official dissolution of marriage certificate, which finalizes the process.
Khula refers to the right of a Muslim wife to seek a dissolution of marriage through a court process, usually in exchange for returning the **mahr** (dower) given by the husband. This is a legal mechanism in Islamic law that allows a wife to initiate divorce if reconciliation is not possible.

In Pakistan, a wife can seek an international divorce (Khula) based on various grounds under the Dissolution of Muslim Marriages Act, 1939. These include the husband's whereabouts being unknown for four years, failure to provide maintenance for two years, or imprisonment for seven years or more. Additional grounds include the husband's impotence, failure to perform marital obligations for three years, insanity or incurable disease, and cruelty, which may involve physical or emotional abuse, forcing the wife into immoral acts, or obstructing her religious practices. These legal provisions offer wives protection and avenues to dissolve a marriage when necessary​.

Your case for international divorce in Pakistan can be filed in several locations: where the marriage took place, where the marriage was registered, where the defendant (your spouse) resides, or where you, the wife, ordinarily reside. This gives flexibility in choosing a jurisdiction that is most suitable based on your circumstances.

In Pakistan, child custody for divorcing couples is governed by the Guardian and Wards Act of 1890 and the Family Courts Act of 1964. The primary consideration is the welfare of the child, and custody is typically granted to the mother, especially for young children. However, the father is usually given visitation rights and retains the financial responsibility for the child. Courts may intervene if there are concerns about either parent's ability to care for the child, with the child's best interests being the guiding factor.

After a divorce in Pakistan, a wife retains rights to the bridal gifts (dowry or jahez) that are her exclusive property. She is also entitled to claim any deferred dower (mahr) and maintenance for the period of Iddat (a waiting period after the divorce). Additionally, she may have rights to any property or financial settlements agreed upon during the marriage, but these must be clearly outlined in legal agreements or court orders.

A Special Power of Attorney should clearly outline the attorney’s authority to handle legal representation, manage finances, conduct property transactions, and execute legal agreements on the principal's behalf. It is crucial to specify these powers explicitly to ensure clarity and proper legal handling.

Yes, a lawyer can act as a Special Attorney if granted authority through a Special Power of Attorney. This allows the lawyer to represent the principal in legal matters, manage transactions, and execute agreements as specified in the document. However, the powers conferred on the lawyer should be clearly defined, as the attorney can only act within the scope of the authority granted.

Yes, a suit for dissolution of marriage based on **Khula** must be filed in a **family court**. The wife initiates the process by filing the suit, and the court typically issues notices to the husband for reconciliation efforts. If reconciliation fails, the court will grant the Khula decree, but the marriage is not fully dissolved until a dissolution certificate is obtained from the Arbitration or Union Council.

No, a Khula decision alone is not enough to completely dissolve a marriage in Pakistan. After the court grants the Khula decree, the wife must apply for a dissolution of the marriage certificate from the Arbitration Council or Union Council to officially complete the dissolution process. Without this certificate, the marriage is not fully dissolved.

A mutual divorce is the quickest divorce procedure in Pakistan. Both spouses sign an agreement and notify the Union Council, with the divorce finalized after 90 days if reconciliation fails. In non-consensual cases, if the husband issues Talaq, a similar 90-day period applies.

If you require assistance during this time, my firm can help safeguard your rights. Call +92 321 4305422 today to schedule your free consultation. We offer remote video & Zoom conferences as well.

Family Law

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  • Marriage Registeration in Pakistan
  • Online Marriage in Pakistan
  • Child Custody in Pakistan
  • Inheritance Law Pakistan
  • Wife Maintenance Law
  • Divorce Cases in Pakistan
  • Divorce for Overseas Pakistani