TALAQ/DIVORCE
TALAQ/DIVORCE
Divorce is confusing and emotional. Divorce is usually a difficult process. According to divorce laws and procedures, a divorce is pronounced as the husband says it. Besides, written divorce is very important as proof of divorce. He must give notice in writing to the chairman of the concerned Union Council. Secondly, the chairman must supply a copy of the notice of divorce or talaq to the wife. Most importantly, non-compliance is punishable by imprisonment or a fine.
Divorce Certificates are documents issued by the concerned authorities, confirming the dissolution of a marriage. These certificates are necessary for validating the termination of a marital relationship and may be required for remarriage, property division, child custody, and related legal matters.
Frequently Asked Questions
What is Difference between Khula and Divorce in Pakistan?
When a wife does not want to continue matrimonial relation with husband Due to any reason and husband refuses to give her divorce. Then she can file khula or divorce in family court of Pakistan under the Muslim Family Law Ordinance 1964. This is called dissolution of marriage on basis of khula. Khula is the right of a wife in Islam to seek dissolution of marriage through intervention of the court. A woman seeks a “khula” while a man gives a “Talaq”.
Can husband pronounce Divorce during Pregnancy?
Yes, a husband can pronounce the word “divorce” during pregnancy if he wants to initiate the process. However, if the wife is pregnant at the time of the divorce or talaq. Divorce or talaq is not considered until ninety days. Ninety days or the end of the pregnancy. whichever falls later.
What is Verbal divorce or talaq in Pakistan?
Verbal divorce given in the presence of at least 2 male witnesses is acceptable. Most Importantly, they must provide an affidavit that the husband pronounced divorce in their presence. According to divorce laws in Pakistan and divorce procedure it is very important, that husband must give a written divorce then it is acceptable. If the husband does not provide a written divorce notice to the wife the divorce is treated as ill-legal.
Can Overseas Pakistani divorce his wife without coming to Pakistan?
Yes, overseas Pakistanis can divorce without coming to Pakistan. Our attorney will proceed there divorce proceedings according to laws and procedure in Pakistan. Overseas Pakistanis with dual nationality can divorce and receive documents from Pakistan. Moreover, they need not come to Pakistan. If an overseas Pakistani wants to divorce his wife. Who is residing in Pakistan or last known address in Pakistan is known. The attorney, on behalf of overseas Pakistani husband, can file for divorce certificate in Union Council and initiate divorce proceedings in Pakistan.
After initiation of proceedings and completing the procedure of divorce certificate. The union Council takes 90 to 120 days to issue divorce certificate.
Is Pakistani divorce certificate acceptable in other countries?
Decisions, Judgements, Decrees, Orders and Certificates are legally valid including England, USA, Canada, Middle East and other countries in accordance with their local Laws.
What are Divorce proceedings of Union Council?
Within thirty days of receipt of the notice of divorce or talaq. The chairman must constitute an Arbitration Council. In order to, take steps to try a reconciliation between husband and wife, if attempts to negotiate a reconciliation fails. A divorce or talaq that is not revoked in the meantime, either expressly or implicitly. It takes effect after the expiry of ninety days. Furthermore, counting from the day, a notice of repudiation was first delivered to the chairman.
Feel free to reach out to Global Law Company for further assistance or to schedule a consultation.