If you are living in the UK or the USA and have decided to pronounce divorce to your wife in Pakistan. Or you are overseas women who want to take Khula without coming to Pakistan and facing Pakistan’s Family court. Then this post is about you, we have divided this post into two parts.
In the first part, we have explained what is the divorce procedure for overseas Pakistanis in 2020? How to send divorce notice to wife in Pakistan? What is the divorce procedure in Pakistan and lastly how to get a divorce certificate in Pakistan?
In the second part, we have explained the complete procedure of khula for overseas Pakistani women. How you can get a Khula certificate from the union council?
Procedure of Divorce for Overseas Pakistani
If you are wondering how can I send my divorce notice to my wife in Pakistan from foreign country and you don’t to appear in person before any court then follow these steps:
- First, overseas Pakistani husband makes sure that he knows the permanent or last known residence of her wife.
- Then he has to execute two major legal documents, the divorce deed ( we have provided complete formate of the divorce deed here) and special power of attorney.
- In special power of attorney any person who may be a relative or close friend will be appointed as his representative. This nominated person will appear in any legal forum including the concerned union council.
- Now Pakistan’s high Commission of that country where the husband is staying will attest to the above mentioned two documents.
- After attestation, these documents will be sent to Pakistan’s foreign office.
- Once the foreign office receives the divorce deed and special power of attorney. It will counter attest these papers after you submit the required fee.
- After the attestation process completes, the nominated person in the attorney will send the divorce deed to the wife’s address and at the same time, one copy will be sent to the concerned union council.
- The union council will start a proceeding in which representatives from bother sides will appear, so that matter might be reconciled. In case no compromise the chairman union council will issue an original divorce certificate to the husband.
- How long does a divorce procedure take in Pakistan? Well! it will take 90 days to issue a divorce certificate.
- This divorce certificate is needed when the husband wants to do second marriage in Pakistan.
- Lastly, if the husband wants to marry a woman living in his country of stay then he has to attest this certificate from a foreign office of Pakistan and present it during the marriage proceeding. otherwise, he has to face criminal proceedings.
This is the divorce procedure for overseas Pakistani. If you need help in that matter you can contact us via our feedback.
Procedure of Khula for Overseas Pakistani
If you are a woman and you are sick and tired of your husband maltreatment then under Pakistan law you have a right to dissolve the marriage on the basis of khula. In case women reside in a foreign country and she doesn’t want to appear before the court to get khula. Then she has to follow these steps;
- She will execute a legal document called special power of attorney. In this document, she will nominate a person who will file a case in the family court on her behalf and appear before the union council.
- Pakistan High Commission of her country of stay will attest to this document and sent it to the foreign office situated in Pakistan.
- Once the foreign office receives the legal papers, it will counter attest them after the realization of the prescribed fee. The person appointed in the attorney will only be authorized to appear personally before the foreign office to get the procedure done.
- The person nominated will hire a lawyer in the district where the women last resided. A formal family suit will be filed. The written statement of husband received or not just on the statement of wife the court will announce the decree of dissolution of marriage on the basis of Khula.
- Once the court issues the attested copy of the decree of Khula, the nominated person will initiate proceedings before the concerned union council where the marriage took place.
- The union council will take 90 days to complete their procedure and will issue a divorce certificate to the overseas wife.
This is the complete divorce and khula procedure for overseas Pakistani. If you have any questions ask us. If you want to start legal proceedings then hire us.