As per Lawkidunya, Divorce in Pakistan for expats can be a complex and challenging process. Here are some key considerations:
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. Pakistan Family Court Act, 1964: Governs divorce proceedings for expats in Pakistan.
2. Muslim Family Laws Ordinance, 1961: Applies to Muslim expats, governing divorce, maintenance, and child custody.
3. Foreigners’ (Marriage and Divorce) Ordinance, 1971: Regulates marriage and divorce of expats in Pakistan.
Divorce Procedure
1. Filing a Petition: The divorce petition must be filed in the relevant family court.
2. Notice of Divorce: The respondent (other spouse) must be served with a notice of divorce.
3. Arbitration Council: The court may refer the case to an Arbitration Council for reconciliation.
4. Divorce Decree: If reconciliation fails, the court will issue a divorce decree.
Key Considerations for Expats
1. Jurisdiction: Pakistan courts may have jurisdiction over divorce cases involving expats if one spouse is a Pakistani citizen or resident.
2. Domicile: Expats must establish domicile in Pakistan to file for divorce.
3. Law of the Country of Origin: Expats may also be subject to the divorce laws of their country of origin.
4. Child Custody: Child custody disputes are governed by the Guardian and Wards Act, 1890.
5. Language Barriers: Expats may face language barriers in navigating the Pakistani court system.
6. Cultural Differences: Expats may encounter cultural differences in the Pakistani court system, which can impact the divorce process.
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
1. Divorce Proceedings: Typically take 6-12 months.
2. Appeals: May take an additional 6-12 months.
Consulting a Lawyer
It’s essential for expats to consult with a qualified lawyer in Pakistan to navigate the complexities of Pakistani divorce laws. A lawyer can provide guidance on the divorce process, jurisdiction, and applicable laws.
