As per Lawkidunya, Islamic divorce laws in Pakistan for foreigners are governed by the Muslim Family Laws Ordinance, 1961, and the Foreigners’ (Marriage and Divorce) Ordinance, 1971. 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 foreigners, governing divorce, maintenance, and child custody.
2. Foreigners’ (Marriage and Divorce) Ordinance, 1971: Regulates marriage and divorce of foreigners 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 Foreigners
1. Jurisdiction: Pakistan courts may have jurisdiction over divorce cases involving foreigners if one spouse is a Pakistani citizen or resident.
2. Domicile: Foreigners must establish domicile in Pakistan to file for divorce.
3. Law of the Country of Origin: Foreigners 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.
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.
