Divorce and family law in Pakistan
Ability to divorce in Pakistan
Divorce in Pakistan is largely governed by the Muslim Family Law Ordinance 1961. These statutory provision set out the grounds and procedure for Muslims to divorce in Pakistan. A husband may divorce his wife by pronouncing the Talaq. In Pakistan, this should be registered with the chairman of the Union council, with notice being given to the wife.
A wife may divorce her husband by Khula, if she is delegated the right to do so in her marriage contract (Nikah-nama), or if she applies to the court in Pakistan for the dissolution of her divorce.
For financial claims after divorce, depending on the circumstances, a wife may be able to claim the deferred part of the Mahr (if applicable), financial support during the waiting period (Iddat), maintenance for her children and a share of any jointly owned property.
Careful consideration should be given by those residing in Pakistan who also have a connection to another country such as the UK, as to where would be the best jurisdiction to divorce. Owning a property in England, a spouse owning a property in England, living in England for a period of time or other connections may enable you to seek a divorce or financial claims through the English courts.
Financial claims in England after a divorce in Pakistan
If you have been divorced by Talaq in Pakistan or another Muslim jurisdiction, but have not received a share of family owned property in England, English pensions or maintenance, you may be able to make these claims in the UK.
Contact our Islamic law specialist, Alexandra Tribe, for confidential and clear advice on the following issues:
- The recognition of your Muslim marriage in England
- The recognition of your Talaq divorce in England
- Obtaining a share of family owned property in England
- Claiming maintenance and a financial settlement after a divorce in Pakistan
- Islamic marriage contracts and pre-nuptial agreements enforceable under Islamic laws
- Dowry (Mahr) claims under English law
- Abduction of British children to/from Pakistan
For advice on the family laws of Pakistan, please contact a family lawyer in Pakistan. Contact us for details of family law firms in this region.
Contact Alexandra Tribe on [email protected]