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Pakistan Divorce and Family Law

The constitution of any country is based on several distinctive laws that associate with multiple cases. Similarly, Pakistani law is also based on several factors and constraints that regularly maintain law and order.
There are numerous laws to enlighten the marriage and divorce issues. The Muslim Family Law Ordinance (1961) states parameters regarding Muslims’ procedural actions to divorce in Pakistan.

Divorce Laws in Pakistan

In Pakistan, marriage is acknowledged as a contractual relationship between the husband and the wife. In the light of Islamic Law, the contractual agreement can be terminated following one of these options.
  • Nikahnama – The wife can possess the right of divorce if that is pre-mentioned in the ‘Nikahnama’ document. 
  • Talaaq – A situation that can be translated as the husband’s right to divorce his wife. 
  • Khula – It is considered as the right of women to claim divorce. Incase, if a man denies to give ‘Talaaq’ to his wife, then the concerned wife can exercise the right of Khula. 
  • Mubarrat – A case where the court has to partake involvement in the execution of divorce.

What is Nikahnama in Islam?

The Nikahnama is defined as the legal contract between the two Muslim partners, where the terms and conditions are marked in an official document. Following the Muslim Family Laws Ordinance 1961, it is the ultimate proof of your legal marriage that you and your partner agreed to devise a set of obligations and binding terms. The husband has the authority to grant the right of divorce to his wife in the ‘Nikahnama’. If somehow, the conditions turned out to favour the wife, she has the complete authority to file for the divorce.

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What is Talaq in Islam?

Any person, who is a husband and has reached adulthood, and possesses a good state of mind, may have the right to divorce his wife with presenting a valid reason.

Such a situation is termed as ‘Talaaq’. However, reforms have been introduced in the Muslim Family Laws Ordinance (1961), where a divorcing husband shall meet a certain set of criteria for the execution of ‘Talaaq’. First of all, the husband should present the formal notice in writing to the chairman of the Union Council’s office.

The chairman of the Union Council is then bound to provide the wife with a copy of the notice. The chairman must hold a council within 30 days and take appropriate steps to reconcile both parties.

However, if the attempt to conduct reconcilement fails to proceed, a divorce is initiated, effected from a fixed period of 90 days from the date of notice to the respective chairman. Individuals failing to comply with the given procedure might lead to a fine or, in some cases, imprisonment.

What is Khula in Islam?

It is defined as a situation where the female or the woman has the power of divorce. If a woman is ready to let go of the claim of ‘Mehar’ (financial bond, a husband is compliant to pay), only, in that case, she can exercise the right of ‘Khula’ through judicial interference.

There are multiple factors through which a wife can obtain ‘Khula’. The list of these factors include:

  • If any husband is considered deserted for more than four years.
  • If any husband fails to provide proper maintenance for a period greater than two years.
  • If a husband is found exhibiting cruelty on his wife. 
  • If a husband is being detained for a period greater than seven years.
  • If a husband fails to satisfy marital commitment for a period greater than three years.
  • If a husband marries another woman without the approval of his prior wife.

However, suppose a woman is married at age under 15 years. In that case, the marriage is not completed, and if she prefers to terminate the marriage before she reaches the age of maturity, i.e., 18 years of age. In that case, the marriage can be dissolved with the intervention of a judicial court.

What is Mubarrat in Islam?

It is a case, where the dissolution of marriage by agreement is initiated. The husband and wife relieve each other from the bond of marriage with mutual consent. The Mubarrat can be claimed by any party, i.e., husband or wife. As they both have equal rights to conclude separation following the ‘Mubarrat Divorce’.

Financial Settlements After Divorce in Pakistan

A marriage relationship is one of the only things that could support you build a prosperous life, but sometimes things do not work out as expected. In such a case, the ‘Islamic Law’ supports a provision for both parties’ betterment, i.e., husband and wife. In numerous cases, the women are allowed to initiate the right of divorce.

However, if the husband takes the initiative in divorce, then the wife is eligible for receiving a claim of Mehar. However, financial support for children has always been the father’s responsibility in Pakistan, either in marriage or after divorce. The court has the authority to power forceful payments of child support and maintenance amount, aligned with a specific portion of income.

After the divorce, a wife is eligible to demand:

  • The negotiated portion of her ‘mahr.’
  • Financial assistance through the waiting days (Id’dat)
  • Support for kids
  • A portion of any property that is under mutual ownership.

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Child Custody Following Divorce in Pakistan

In the light of Islamic law, the child’s custody should be handover to a Muslim, who should rather possess good physical and mental health. The guardian must also be in a sustainable position to meet, expectations of the child.

According to Pakistani Law, the child would ultimately remain with their mother at a young age, also known as the right of ‘hizanat’. After they turn seven years old, they would eventually return to their father’s custody, whereas girls remain in the custody of their mother until adolescence.

How Can Our ‘Expert Solicitors’ Help You Deal With Issues?

We have a team of dignified and qualified solicitors who work deliberately to help you get the best deal. Our team of experts is devoted to assisting you with legal matters efficiently. With us, you can experience outstanding results with your legal affairs.
We are proud to have the best team of Solicitors on board, who can also assist you with your legal affairs in Pakistan. Reach us today and allow us to make your life easier for you!

Frequently Asked Questions

Is Pakistani divorce acceptable in the UK?
Yes, in accordance with the current government guidelines the housing market will remain open. You can view houses, book moving companies, and trades people are able to enter your property*.
Can I get legal aid for family law in the UK?
Legal aid can assist reach the expenses of legal advice, family mediation, and representation within a court or bar. You’ll normally require proving that your case is qualified for legal aid.
How much does a family lawyer cost in the UK?
Normally the hourly rate for a family lawyer is directly proportional to the years of experience. A trainee-level lawyer may cost you around £150 per hour, whereas an expert senior Solicitor may cost you around £300 per hour.
Who is responsible for the payment of Divorce fees?
sually, the petitioner who files for divorce is responsible for the payment of divorce fees.
Is there a chance for deportation after the divorce?
In a case where you might have filed a divorce before filing your joint residency application, you might have a chance to face deportation.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our services. We will happily provide you with a free initial discussion about your individual circumstances.
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