Searching for what kind of papers and things you will need to file divorce papers in Pakistan?
Well, look no more!
You have come to the right place.
I can help you learn everything you need to know to prepare your divorce papers. This blog will give you in-depth knowledge about all the steps you need to follow.
So, let’s learn together!
Introduction to Divorce Laws in Pakistan
In Pakistan, the divorce laws are set in accordance with the religion of the married couple. This means that the divorce procedure in Pakistan is decided by keeping these laws in mind:
- The Muslim Family Laws Ordinance 1961 for Muslim marriages
- The Christian Divorce Act of 1869 for Christian marriages
- The Hindu Marriage Act of 1955 for Hindu marriages
These laws provide guidelines and procedures for obtaining a divorce within its respective religious community.
Understanding the Grounds for Divorce
The second step comes once you know what act is applicable to your divorce. What is the second step, you ask? It provides a valid reason as to why you need a divorce from your spouse. This means that just saying I want a divorce is not a reason enough. The court requires you to have a proper reason for a divorce. What can that proper reasoning be? Let’s see
Irretrievable Breakdown of Marriage
This reason is recognized by all religions.
What is Irretrievable, you ask?
In terms of divorce, things have broken up to the extent that they cannot be fixed. This could happen due to different reasons.
And these reasons might cause the couple to drift apart to the point that coming back together becomes impossible.
Cruelty
This reason involves the following:
- Physical abuse
- Mental abuse
- Verbal abuse
Or anything that might have had a harmful effect on the other spouse. Which could have made it insufferable for the other spouse to continue the marriage.
Adultery
This reason is very valid and is also recognized by every religion. If one partner is cheating on the other, that partner has every right to get a divorce.
However, claiming that your partner has cheated on you or performed adultery is just not enough. If you do not have proper proof the court might not listen to your plea.
Desertion
This occurs when one spouse abandons the other one for a proper reason. It is also applicable if your spouse just completely disappears on you without informing you.
However, this might only be applicable after a certain period of time, say 1-2 years. The time completely depends upon the applicable law.
Conversion to Another Religion
In certain religious laws, such as the Christian Divorce Act, conversion to another religion by one spouse without the consent of the other can be grounds for divorce.
Incurable Mental Illness
Now this one might sound rude to some. However, it is still a valid reason for divorce in papers in Pakistan. If one spouse suffers from an incurable mental illness, the other one can ask for a divorce.
What do I mean?
Well, if that illness significantly impairs their ability to fulfill marital obligations or maintain a harmonious relationship, it can be a ground for divorce.
Failure to Maintain
Some laws recognize the failure of one spouse to provide financial support. Or maintain the other spouse and/or children as grounds for divorce.
This can especially be applicable if it leads to severe hardship or neglect.
However, it is important to know that these reasons may vary slightly depending on the religious laws guarding the marriage.
Key Components of Divorce Certificate in Pakistan
If you want to have a smooth and hassle-free divorce procedure, having your affairs in order is important. You also need to have all the components required by the court to get a divorce.
Now, are you wondering what those components might be? Let me break them down for you in the simplest way:
- Personal details of both partners
- Custody arrangements
- Grounds for divorce
- Full financial disclosure
Once you have all that information, you can start filing for your Khula certificate from the union council. And if you still think you cannot do it on your own, hire someone to draft your legal documents for you!
Addressing the Custody Matter
When applying for a divorce certificate from the union council, it is important to address some concerning factors.
Like the custody of your children. Knowing how you want to handle your children’s custody can be very beneficial for a smooth divorce.
It can also help you deal with your divorce issue without seriously affecting the mental health of your children.
However, the important thing to know is that custody is automatically given to the mother if the child is too young.
Now you may be wondering what age is too young for custody?
A son is to remain with his mother until the age of seven, and for daughters, it is until she reaches puberty. However, some courts have described the age of puberty for the daughter to be nine.
If understanding all of this is still difficult for you, just find a lawyer to help you!
Sorting the Financial Matters
Once the custody is sorted, the financial matters will be discussed. The financial matters may vary for different couples based on their circumstances.
For example, the father must pay the maintenance fee if they have children. This maintenance fee may include:
- The children’s school fee
- Their pocket money
- Money for their necessities etc.
According to Islamic law, a wife can also ask her ex-husband for financial help during her iddat. And if the husband passes away, she also has a right to claim her share of his property.
Also, if the couple shares some mutual financial assets, the wife can ask for her share.
In short, there are a lot of laws that protect the rights of a wife after divorce.
Serving the Divorce Papers to the Spouse
Once all the matters are sorted, you can serve the other spouse with divorce papers. You can also send your spouse a PDF of the divorce papers.
However, you must ensure that the spouse acknowledges the talaq nama. Make sure they receive it themselves. And if you are still confused about sending a divorce notice to your wife, read this!
Conclusion
If you follow all the steps mentioned above and pay the Union Council divorce certificate fees, you can get your divorce papers quickly.
However, if you still think you could understand some of the things mentioned above, don’t worry!
Just Contact us!
Frequently Asked Questions (FAQs)
What documents are required to file for divorce in Pakistan?
- Marriage certificate
- National identity cards (CNIC) of both spouses
- Proof of residence
- Affidavit stating the reasons for seeking divorce
- Any relevant financial documents (e.g., bank statements, property documents)
How long does it take to finalize divorce papers in Pakistan?
The duration can vary depending on factors such as:
- The complexity of the case
- Court workload
- Cooperation between the parties
A divorce with fewer complications can be finalized sooner than a divorce with more complications.
Do I need a lawyer to draft and file divorce papers in Pakistan?
You can do it on your own as well. However, hiring a lawyer may play in your favor. A lawyer can help you draft legal papers properly and will also help you learn your rights according to the law.
Can divorce papers be modified or revised after filing?
Yes, divorce papers can be modified or revised if there are errors or changes in circumstances. However, making sure these modifications or changes are approved by the court is very important.
