DIVORCE PROCESS FOR OVERSEAS PAKISTANIS (MEN)
Marriage in Islam is a sacred contract that creates legal rights and obligations between husband and wife. While many of these rights are expressly mentioned in law, others are implied from the marriage relationship. However, under Pakistani law, neither the husband nor the wife can be compelled to remain in a marriage against their free will and consent.
For Overseas Pakistanis, the divorce procedure in Pakistan is slightly different compared to those residing within the country. In this guide, we explain the most effective and legally valid process that an Overseas Pakistani husband (or wife, if delegated divorce rights in Nikahnama) can follow to obtain a Divorce Certificate in Pakistan.
Divorce Procedure for Overseas Pakistanis Husbands | Complete Step-by-Step Guide|
If you are living abroad and wish to divorce your wife in Pakistan, you must follow the steps under Section 7 of the Muslim Family Laws Ordinance, 1961. Below is the step-by-step process:
1. Drafting the Divorce Deed
The Overseas Pakistani husband must execute a written Divorce Deed.It is strongly advised to hire an experienced divorce lawyer in Pakistan who can draft the deed after reviewing your case. We have seen that most of the time husband raises serious allegations which trigger the other side to burden him in litigation when the idea to dissolve marriage was peace of mind.
2. Attestation of Divorce Deed from Pakistani Consulate
The Divorce Deed must be signed and attested by the nearest Pakistani Embassy or Consulate.The deed should be on plain paper, not a stamp paper.At least two witnesses must also sign the Divorce Deed.
Important to note that procedure for attestation is different when husband is living in Islamic country. Best to discuss this factum with lawyer as well.
3. Sending Divorce Papers to Pakistan
Once attested, the Divorce Deed should be sent to Pakistan.It must be submitted before the Arbitration Council/Union Council along with an application to the Chairman Union Council to initiate the divorce process.
4. Appointment of a Representative in Pakistan
Since the husband is overseas, he must also execute a Special Power of Attorney in favor of a trusted person or professional lawyer in Pakistan.This representative will attend the Arbitration Council proceedings on the husband’s behalf and complete the legal process until the Divorce Certificate is issued. We have seen in majority of the matters that person entrusted with the attorney refuses to show up during the proceedings, as proceeding before Arbitration Council may take several hearing date, therefore, it is recommended to authorize our trusted associates to proceed with the process to ensure smooth transition.
5. Issuance of Divorce Certificate in Pakistan
The Arbitration Council allows a 90 day reconciliation period.If no settlement takes place between husband and wife, the Divorce Certificate is officially issued.This certificate is the final proof of divorce in Pakistan and is legally enforceable both in Pakistan and abroad.
Divorce by Overseas Pakistani Wives (Delegated Right of Divorce – Talaq-e-Tafweez)
If the husband has delegated the right of divorce to his wife in the Nikahnama, then the same procedure applies. The wife can execute a written Divorce Deed.Get it attested by the Pakistani Consulate abroad, Send it to Pakistan for filing before the Arbitration Council and Have a representative or lawyer manage the process until the Divorce Certificate is issued.
What Happens if Verbal Divorce is Given?
A verbal divorce has no legal value in Pakistan. Unless the written and attested Divorce Deed is filed before the Arbitration Council, the marriage remains legally intact. This means the wife can still claim all her legal rights, including:
- Financial maintenance
- Inheritance claim in property of husband
- Dower (HaqMehr)
- All other claims which she may be entitled to as legally wedded wife
Why Attestation from Pakistani Consulate is Necessary?
Any document executed abroad, including a Divorce Deed, must be attested by the Pakistani Consulate/Embassy and later by the Ministry of Foreign Affairs in Pakistan.Without attestation, the document will not be admissible before the Arbitration Council, and the Divorce Certificate cannot be issued.
Why Hire an Expert Divorce Lawyer in Pakistan?
Going through the divorce process for Overseas Pakistanis can be complex. That is why it is essential to engage a specialized family lawyer with deep knowledge of divorce law and court procedures in Pakistan.
Legal Team at Khadija Law Associates is headed by Hamza Hamayun Rashid, Advocate High Court(s) of Pakistan, whois widely regarded as the top family lawyers in Pakistan having almost 18 years of experience. With years of this professional experience, he has an excellent grip over family laws including divorce, khula, child custody, and guardianship matters.He and his team are professional, honest, and highly strategic in their approach. Hamza Hamayun Rashid Advocate and his team handleevery case on the basis of its unique facts and circumstances.
Goal of Hamza Hamayun Rashid Advocate is to provide stress-free, result-oriented legal solutions to both local and Overseas Pakistani clients.
By hiring Hamza Hamayun Rashid Advocate and his legal team, you can rest assured that your divorce procedure in Pakistan will be finalized smoothly and efficiently, without you worrying about legal technicalities.
Frequently Asked Questions (FAQs) About Divorce Procedure for Overseas Pakistanis
1. Can I divorce my wife in Pakistan while living abroad?
Yes. As an Overseas Pakistani, you can divorce your wife by preparing a Divorce Deed, getting it attested by the Pakistani Consulate, and sending it to Pakistan for filing before the Arbitration Council through a Special Power of Attorney.
2. How long does it take to get a Divorce Certificate in Pakistan?
The process takes around 90 days from the date the Divorce Deed is filed with the Arbitration Council. After the reconciliation period lapses without settlement, the Divorce Certificate is issued.
3. Can a verbal divorce be valid in Pakistan?
No. A verbal divorce has no legal effect in Pakistan. Divorce must be in writing, attested by the Consulate, and filed before the Arbitration Council to be legally valid.
4. Can an Overseas Pakistani wife file for divorce?
Yes. If the husband has delegated the right of divorce (Talaq-e-Tafweez) in the Nikahnama, the wife can initiate divorce by following the same procedure as an overseas husband.
5. Do I need to come to Pakistan for divorce proceedings?
No. You do not need to personally come to Pakistan. By executing a Special Power of Attorney, your lawyer or trusted representative can represent you before the Arbitration Council.
6. What happens if I don’t get the Divorce Deed attested from the Pakistani Consulate?
Without consulate attestation, the document is not admissible in Pakistan. The Arbitration Council will not issue the Divorce Certificate, and legally, the marriage will still be intact. Attestation stand as a proof that husband has genuinely executed a divorce deed and presumption of correctness stand with such document.
7. Is the Divorce Certificate issued in Pakistan valid abroad?
Yes. The Divorce Certificate issued by the Arbitration Council in Pakistan is recognized internationally, provided it is properly attested by the Ministry of Foreign Affairs and sometimes the embassy of the country where you reside. However, if the purpose is merely to change marital status with NADRA or Pakistani Consulate, attestation from MOFA is not required.
Conclusion
For an Overseas Pakistani husband or wife, the divorce process in Pakistan requires proper documentation, attestation, and legal representation before the Arbitration Council. By following the step-by-step legal procedure, you can obtain a Divorce Certificate in Pakistan even while living abroad.
If you are an Overseas Pakistani looking to divorce in Pakistan, consult Hamza Hamayun Rashid Advocate High Court(s) of Pakistan, one of the best family lawyers in Pakistan, to ensure compliance with the law and protect your rights.
