Divorce

Divorce Procedure, Eligibility and Cost 

There is only two ways to revoke the marriage first is by divorce and second way is dissolution of marriage by way of khula. Islam only gives this right to men however women can go for a khula. In case both husband and wife agree they can go for a mutual divorce decision as well. The correct and legal process of divorce is as follows

Step-by-step Procedure for Filing Divorce

Divorce can be initiated by a man when he verbally divorces his wife. Both husband and wife can also decide to part ways and initiate the divorce process. If the husband can not verbally give a divorce he will have to send a divorce notice through court to his wife.

Get a Divorce Papers/Divorce Deed

The divorce deed basically is the announcement of divorce and contains the statement of dowry, maintenance and dower. Your lawyer will help you get a divorce deed and the copies of the deed will be sent to court and both parties. The court will order both husband and wife to appear in court and will appoint arbitrators and will initiate reconciliation.

Reconciliation or Rejoining Chance

The reconciliation chance is necessary for a divorce process and is initiated by the court. The court will order both husband and wife to present themselves in family court and try to settle their matters. The husband and wife will appoint 2 family members each to help them settle matters. If they reconcile the divorce deed will be cancelled. However, if there is no chance for Reconciliation the court carries on the divorce process.

Get a Nadra Divorce Certificate

The court will give enough time to the couple for reconciliation but if they fail to get back together in a given time, the court will pronounce the divorce. After the reconciliation period, you can get your divorce certificate from nadra.

Documents required for a Divorce Certificate

In order to get a divorce certificate the couple must submit the following documents

● Both parties should submit their CNIC photocopy
● CNIC copy of both husband and wife’s father
● The original divorce papers or Talaq nama
● The undertaking from the court
● The photocopy of the court’s order
● Witnesses from both side
● Photocopy of the original nikah nama

You can submit these documents on your own or you can give them to your lawyer and he will get you your divorce certificate as quickly as possible.

Faqs:

Q: What are the Eligibility criteria for divorce initiation?

A: As per laws, only men are eligible for initiating the divorce process. They do not even need any valid reason for doing this, they just have to verbally say the word and then issue a notice. For women, however, instead of divorce, the option of khula is present. But there has to be solid ground for that like the husband’s infidelity, disability etc. If both husband and wife mutually agree that they should not live together anymore they are also eligible to get divorced.

Q: What is the total cost of the divorce process?

A: There is no fixed or estimated cost for a divorce process. The cost is usually upon your lawyer and the complexity of your case.