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.
