If you have stumbled upon this blog, you are looking to understand the divorce procedure in Pakistan.
Are you confused as to what the law is regarding divorce?
Do you want to learn how you can apply to get a divorce?
Or are you searching the internet to gain some knowledge or find some answers?
Well, whatever it is, look no more.
You have come to the right place. In this blog, I will explain the divorce procedure in Pakistan to you in detail. Keep on reading to learn everything…
The Divorce Procedure In Pakistan
The divorce procedure in Pakistan is designed to accustom the Muslim majority living in Pakistan. Therefore minorities from other religions are free to follow whatever their religion says.
Before I tell you about all the steps involved, it is important to acknowledge that the steps may vary.
How?
You may wonder.
It can vary depending on the specific circumstances of each case. It may also vary depending on the personal laws applicable to the divorcing parties.
Here are all the steps you need to follow to get divorced in Pakistan:
Grounds for Divorce
When filing for a divorce, it is important to know the reasons why you want a divorce in the first place.
So, before getting to the depth of what the steps are? Or how can you get a divorce as soon as possible? You need to know why you want it!
Some grounds for divorce can be as follows:
Mutual Consent
Mutual consent is valid in a situation where a husband and wife both want to be separated. This means that the husband and wife are on the same page about the divorce.
They might even have mutual reasons for the divorce. In this case, Mubarat is valid for both parties.
What is Mubarat? I thought you’d never ask! Mubarat is the Muslim term which means “Taking Khula or divorce from one another”.
Talaq
This is the situation in which a husband willingly divorces his wife. This can be either verbal or written. Talaq can also take place during a fight.
Some say the talaq is valid in such conditions, while others argue against it.
Khula
Khula is a right of a Muslim woman in a marriage. Just like the man has the right to give talaq, a woman also has the right to ask for khula.
A woman can ask for khula from her husband by applying for it in court. There are different laws that relate to how a woman can safeguard her rights in terms of divorce.
To learn more about them, click here!
Faskh
Faskh-e-Nikah is another Islamic term for divorce. However, it does slightly differ from the basic definition of divorce.
Faskh-e-Nikah is a type of Islamic divorce that a court announces when a wife applies, preferably a sharia court.
If you are wondering why the Sharia court is announcing the divorce, I might have the answer.
It's valid when the husband and wife don't agree to divorce or when the husband refuses to give "Talaq" even though the marriage has broken down.
Including A Lawyer
When filing for a divorce, you should not forget to hire a lawyer. You may be aware of some of the laws for divorce but professional help will never be a waste of time.
Finding a divorce lawyer in Lahore is not as difficult as it may seem. All you need to do is do a little bit of research to find the best help you need.
Notice of Divorce
After filing for a divorce deed, you need to notify the other party. This might just be one of the most important steps.
Now you may be wondering how to send a divorce notice to my wife in Pakistan. Well, easy! Divorce notices can be served in person or by registered mail.
While serving the notice in person, you need to ensure that your wife acknowledges the receipt. And if you decide to send the notice through a registered post, you need to keep a record of the delivery.
Still, having difficulties understanding what to do? Or you cannot understand what to do? Contact us!
Iddat Period
This is an obligatory waiting period for a woman after talaq, khula or after her husband dies. During this period, she is not supposed to see a na-mahram or get remarried.
This period is basically as long as three lunar months. However, it can be longer, depending on the circumstances.
Now what circumstances that might be, you ask?
It can be whether her husband died, she’s pregnant, or the husband reconsiders his decision.
Registration of Divorce
Once the IDDAT is completed, the next step is registration. Registration particularly holds a lot of importance.
This is because it verifies that the divorce has been legally recognized. The registrations are made with the concerned authorities.
This registration of divorce is also very important for both parties if they intend to remarry. Remarrying without having a registered divorce can end with a criminal case and sentencing for either party.
So, to avoid such a situation, a divorce certificate from the union council is required.
Divorce Through Court
In certain situations where both parties cannot meet on mutual terms for the divorce, it is important to bring the family court into the matter.
These situations might be different such as:
- Custody Dispute
- Property Dispute
- Maintenance etc.
In these situations, either spouse can take the matter to family court. Then by looking into the dispute, the family court can finalize the divorce.
Custody And Maintenance
When a marriage ends, it can take a deep and hard toll on the children. They might feel unwanted or alone at times.
This is why parents need to decide the custody of their children before parting ways for good. In some cases, the parents might end up fighting over custody of their children.
This is why deciding about the custody prior and mentioning it in divorce papers is important. Once the custody of the children is decided, the terms for the maintenance fee also need to be discussed.
The maintenance fee completely depends upon the father's income. And this fee is decided by a mutual agreement of both parties parting ways.
A woman can also appeal for an increase in the maintenance fee if it isn’t enough. The court will then look into the matter and decide whether or not it should be increased.
Drafting Divorce Papers
After you understand the procedure for divorce in Pakistan, you can get to drafting the papers. Let me help you understand how you can draft divorce papers in Pakistan.
Conclusion
As mentioned above, the divorce rules can vary depending on what laws are applicable to both parties. However, these steps are applicable to almost all divorce cases in Pakistan.
So you should know your rights if you want to find a divorce lawyer in Karachi, Lahore or any other part of Pakistan.
Frequently Asked Questions (FAQs)
How is the custody law in Pakistan?
It is compulsory for the child to be with his/her mother at a young age. Afterwards, the custody can be fought over, or the terms can be changed.
How much of the maintenance fee should a father pay in Pakistan?
There is no fixed amount given regarding this issue. It completely depends upon the income of the father. Whatever it is, he can afford to pay.
Does separation always lead to divorce?
No! It is not set in stone that all the separations lead to divorce. Sometimes the separation allows both parties to cool down and decide what they want to do with their marriage. However, almost 80% of separations end in divorce.
Can I fight my own divorce case in Pakistani court?
Yes! A person can most definitely fight their own case in court if they have enough knowledge about the law. There is no legal document that denies one such a right.
