As per Lawkidunya, Pakistan divorce procedure for foreigners is governed by the Pakistan Family Court Act, 1964, and the Foreigners’ (Marriage and Divorce) Ordinance, 1971. Here’s a step-by-step guide:
Pre-Requisites
1. Domicile: The foreigner must establish domicile in Pakistan to file for divorce.
2. Marriage Registration: The marriage must be registered with the relevant authorities in Pakistan.
Step 1: Filing a Divorce Petition
1. Jurisdiction: The divorce petition must be filed in the relevant family court in Pakistan, typically in the city where the marriage was registered or where the couple last resided.
2. Petition Format: The petition must be in writing, signed, and verified by the petitioner (foreigner).
3. Required Documents: Attachments may include the marriage certificate, passport, NICOP (if applicable), and proof of domicile.
Step 2: Notice of Divorce
1. Service of Notice: The respondent (other spouse) must be served with a notice of divorce, usually through a court-appointed bailiff or by registered mail.
2. Response Time: The respondent has 30 days to respond to the notice.
Step 3: Arbitration Council
1. Reconciliation Attempt: The court may refer the case to an Arbitration Council for reconciliation.
2. Council Composition: The council consists of two representatives from each party and a neutral chairman.
Step 4: Divorce Decree
1. Court Decision: If reconciliation fails, the court will review the case and issue a divorce decree.
2. Decree Format: The decree must be in writing, signed, and stamped by the court.
Post-Divorce Formalities
1. Divorce Registration: The divorce must be registered with the relevant authorities in Pakistan.
2. Certificate Issuance: A divorce certificate will be issued by the court, which is required for future marriages or other official purposes.
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. Foreign Law: May also apply if the couple was married outside Pakistan or has assets abroad.
3. Legal Representation: Highly recommended to navigate the complexities of Pakistani divorce law.
Please consult with a qualified lawyer in Pakistan for specific guidance on your situation.
