Adv Ch Shahid Bhalli

Pakistan Divorce Laws For Foreign Spouses

As per Lawkidunya, Pakistan divorce laws for foreign spouses can be complex and involve multiple factors. Here are some key aspects:

Types of Divorce

1. Talaq: A divorce initiated by the husband, which can be revocable or irrevocable.
2. Khula: A divorce initiated by the wife, where she relinquishes her right to receive maintenance from her husband.
3. Mubarat: A mutual divorce agreement between the husband and wife.

Applicable Laws

1. Muslim Family Laws Ordinance, 1961: Applies to Muslim foreign spouses, governing divorce, maintenance, and child custody.
2. Foreigners’ (Marriage and Divorce) Ordinance, 1971: Regulates marriage and divorce of foreign spouses in Pakistan.
3. Private International Law: May apply to foreign spouses, governing jurisdiction, applicable law, and recognition of foreign judgments.

Jurisdiction

1. Pakistani Courts: May have jurisdiction over divorce cases involving foreign spouses if one spouse is a Pakistani citizen or resident.
2. Foreign Courts: May also have jurisdiction over divorce cases involving foreign spouses, depending on the laws of the country where the couple resides.

Key Considerations

1. Domicile: Foreign spouses must establish domicile in Pakistan to file for divorce.
2. Law of the Country of Origin: Foreign spouses may also be subject to the divorce laws of their country of origin.
3. Child Custody: Child custody disputes are governed by the Guardian and Wards Act, 1890.
4. Maintenance: Maintenance rights are governed by the Muslim Family Laws Ordinance, 1961.

Documents Required

1. Marriage Certificate: A certified copy of the marriage certificate.
2. Passport: A valid passport.
3. NICOP: A National Identity Card for Overseas Pakistanis (NICOP) if applicable.
4. Divorce Petition: A duly filled and signed divorce petition.

Timeframe and Fees

1. Divorce Proceedings: Typically take 6-12 months.
2. Court Fees: Vary depending on the court and the complexity of the case.
3. Lawyer Fees: Vary depending on the lawyer’s experience and the complexity of the case.

Important Notes

1. Pakistani Law: Applies to all divorces in Pakistan, regardless of the couple’s nationality.
2. Islamic Principles: Govern divorce proceedings for Muslim couples.
3. Legal Representation: Highly recommended to navigate the complexities of Pakistani divorce law.

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