Divorce online

The Islamic marriage contract or nikah Nama can be dissolved at any point through Divorce or Talaq. In Islam, the husband has been given the right to dissolve the marriage unilaterally. Although, there is a clause 18 in the Nikah Nama that gives a wife the right to unilaterally dissolve the marriage only if, at the time of Nikah, the right is considered through mutual consent. If not, then the wife can get Khula or Judicial Divorce to dissolve the marriage.
Although Allah Almighty has made Divorce the least favorite thing, it is a practice that has been increasing at an alarming rate in our country due to socio-economic factors.

Divorce Online by Husband

Divorce by Husband

When a husband is not happy with his wife, he can dissolve their marriage by sending the legal deed of Divorce.

Although the Islamic way of giving Divorce to a wife includes saying the word “Talaq” three times in the presence of a witness, the Law of Pakistan does not recognize the verbal triple Talaq alone. Therefore, a legal procedure has to be followed by the husband who wishes to dissolve his marriage with his wife.

Divorce by wife or Talaq-e-Tafweezx

If the wife is given the right of Divorce in her Nikah Nama under Clause 18, then she is entitled to adopt the same procedure of Talaq as a husband. Under the section of Muslim Family Law Ordinance (VIII of 1961), the wife can also be given the power to divorce her husband.

Mutual Divorce or Mubarat

Marriage can easily be dissolved if both husband and wife mutually agree on the dissolution. It is a comparatively cheap way and also requires few procedures.

In this procedure, both husband and wife sign a Mutual Divorce Deed. A written notice is then sent to the concerned union council under section 8 of the Muslim Family Law Ordinance.

Mutual Divorce or Mubarat

Preparation of Divorce deed

Divorce deed is the most prominent document in the process of Divorce. Without this document, the divorce process cannot proceed. The divorce deed is prepared by mentioning the following information:

  • A brief history of marriage
  • Description of children
  • Amount of Haq Mehr
  • The description of children is crucial as it helps in devising the terms and conditions of the Divorce.
  • The amount of Haq Mehr is paid via cheque or pay order. The receipt of the cheque of the pay order is also attached to the original divorce paper.
  • After the preparation of Divorce Deed, it is sent to the recipient via mail and is ensured that they receive it timely.

Preparation of Divorce deed

The legal procedure for Divorce is as follows:

  • Under the section 7 of Muslim Family Law ordinance, the husband enunciates Talaq both orally and by the deed of Divorce and send a written notice to the concerned union council mentioning the address of his now ex-wife.
  • The concerned union council sends a copy of the notice of Divorce to the ex-wife.
  • The arbitration council can be constituted within the 30 days of receipt of the divorce notice. During this period, the Union Council issues notice to both parties for any reconciliation.
  • A lawyer can also appear on behalf of the applicant in the hearing for reconciliation.
  • If the reconciliation fails to happen, the concerned union council asks the woman to complete her Iddat period.
  • Once the Iddat period of 90 days is ended, the union council issues a divorce certificate to both husband and wife.

Note:The Iddat period of 90 days starts from the day the ex-wife receives the notice of Divorce.×Dismiss alert

Wife’s right to property

Wife’s right to property

The dowry or jahaiz and related bridal gifts given to the bride at the time of the wedding are the exclusive property of the wife even after the marriage. If any of the items are deferred upon the dissolution of marriage, the wife can claim for these items. She can also request for her maintenance money during the Iddat period of 90 days.

Ineffective Divorce

Divorce can be ineffective under the following conditions:

  • If the wife is pregnant, Divorce becomes ineffective. Divorce will retain its effectiveness after the birth of the child.
  • A verbal talaq without any Divorce Deed or notice and witnesses.
  • The effectiveness of Divorce starts after the wife has completed her Iddat period.
  • If the notice is not served correctly to the wife, Divorce can be challenged.
Ineffective Divorce

Custody of Children (if any)

The Family court is also entitled to entertain cases related to child custody under the Family Courts Act 1964. Although the situation may take more time than the Divorce itself, the welfare and well-being of the child is the paramount priority during such cases.

Note:Please refer to the Child Custody Case in the Pakistan section for further information.×Dismiss alert

Custody of Children (if any)

Our online services

Our competent online lawyers are available round the clock to provide their expert services in matters of divorce and related issues. You can get free legal advice online from the best lawyers in Pakistan. We offer the following online services:

  • Draft Deed of Divorce as per the Law of Pakistan
  • Mailing the Divorce Deed to the concerned party as a representative of the Divorcer
  • Registration of the Divorce Deed from Union Council
  • Representation for the confirmation of Divorce before Union Council
  • Getting approval of Divorce registration from Union Council