As per Lawkidunya in Pakistan, the divorce process for women is governed by the Muslim Family Law Ordinance 1961. Under this law, a woman may initiate a divorce if her husband has:
Failed to provide maintenance for her for a period of four months
Been sentenced to imprisonment for a period of seven years or more
Failed to perform his marital obligations for a period of three years
Been declared insane by a competent court
Suffered from incurable leprosy or venereal disease
Been missing for a period of four years
In order to initiate a divorce, a woman must file a petition with the court and provide evidence to support her claim. If the court is satisfied with the evidence, it will grant the divorce.
In the UK, the divorce process is governed by the Matrimonial Causes Act 1973. Under this law, either spouse may initiate a divorce by stating that the marriage has irretrievably broken down. There are five grounds for divorce:
Adultery
Unreasonable behavior
Desertion
Separation (living apart for at least two years, with both spouses agreeing to the divorce)
Separation (living apart for at least five years, whether or not the other spouse agrees to the divorce)
In order to initiate a divorce, one spouse must file a petition with the court and serve it on the other spouse. If the other spouse agrees to the divorce, the process can be completed relatively quickly. If the other spouse does not agree, the divorce can still be granted, but it may take longer and be more complicated.
In both countries, divorce can have significant legal and financial consequences, including the division of property, custody of children, and maintenance payments. It is recommended that anyone considering a divorce seek legal advice to understand their rights and responsibilities.
How are Divorced Women Treated in Pakistan
As per Lawkidunya, divorced women in Pakistan may face discrimination and stigma, particularly if they are not able to financially support themselves or their children. In some cases, women who are divorced may be ostracized by their communities or families and may have difficulty finding housing or employment.
That being said, there are laws in place in Pakistan to protect the rights of divorced women and to ensure that they are treated fairly. For example, the Muslim Family Law Ordinance 1961 requires husbands to provide maintenance for their divorced wives if they are unable to support themselves. In addition, the law allows for the courts to award custody of children to the mother if it is in the best interests of the children.
It is worth noting that attitudes towards divorce and divorced women may vary depending on the region and community in which a woman lives. Some areas may be more accepting of divorce, while others may be more traditional and view it as taboo.
It is important to remember that every individual’s experience will be unique and that it is not possible to make generalisations about how all divorced women are treated in Pakistan.
Do Women have the Right to Divorce in Pakistan
As per Lawkidunya, YES, women in Pakistan have the right to divorce under the Muslim Family Law Ordinance 1961. However, the process for obtaining a divorce can be complex and may require the woman to provide evidence to support her claim.
Under the Muslim Family Law Ordinance 1961, a woman may initiate a divorce if her husband has:
Failed to provide maintenance for her for a period of four months
Been sentenced to imprisonment for a period of seven years or more
Failed to perform his marital obligations for a period of three years
Been declared insane by a competent court
Suffered from incurable leprosy or venereal disease
Been missing for a period of four years
In order to initiate a divorce, a woman must file a petition with the court and provide evidence to support her claim. If the court is satisfied with the evidence, it will grant the divorce.
It is worth noting that the process for obtaining a divorce can be complex and may involve legal proceedings and negotiations, particularly if there are disputes over issues such as child custody or the division of property. It is recommended that anyone considering a divorce seek legal advice to understand their rights and responsibilities.
What Does a Woman Get in a Divorce UK
As per Lawkidunya, in the UK, the divorce process is governed by the Matrimonial Causes Act 1973. The main purpose of this law is to dissolve the legal bonds of marriage, but it also provides for the financial settlement of the spouses upon divorce.
The financial settlement upon divorce may include a division of the couple’s assets, such as their property, savings, and investments. The goal of the settlement is to achieve a “fair” outcome, taking into account the needs and circumstances of both spouses.
There are no set rules for determining a fair financial settlement upon divorce in the UK. The courts will consider a range of factors, including the income and earning capacity of each spouse, their needs, the standard of living enjoyed during the marriage, the length of the marriage, and any contributions made by either spouse to the welfare of the family (including caring for children or disabled family members).
If the spouses are unable to reach an agreement on the financial settlement, the court may decide the matter for them. It is worth noting that the court has the power to order the transfer of property or the payment of maintenance (support payments) to either spouse as part of the settlement.
It is recommended that anyone going through a divorce in the UK seek legal advice to understand their rights and responsibilities and to ensure that their interests are protected.
What are the Rights of Wife After Divorce in Pakistan
As per Lawkidunya, after a divorce in Pakistan, a wife may have certain rights and responsibilities, depending on the terms of the divorce settlement and the laws that apply to her situation. Some of the rights that a divorced wife may have include:
The Right to Maintenance: Under the Muslim Family Law Ordinance 1961, a husband is required to provide maintenance for his divorced wife if she is unable to support herself. The amount of maintenance is determined by the court and may be reviewed if there is a change in circumstances.
The Right to Custody of Children: The Muslim Family Law Ordinance 1961 allows the courts to award custody of children to the mother if it is in the best interests of the children. The court will consider a range of factors, including the child’s age, the child’s relationship with each parent, and the ability of each parent to care for the child.
The Right to a Share of the Couple’s Property: If the couple owned property together, the divorce settlement may include a division of the property. The court will consider a range of factors in determining a fair division of property, including the needs of each spouse and any contributions made by either spouse to the acquisition, conservation, or improvement of the property.
It is worth noting that the rights of a divorced wife will depend on the specific terms of the divorce settlement and the laws that apply to her situation. It is recommended that anyone going through a divorce seek legal advice to understand their rights and responsibilities.