DISSOLUTION OF MARRIAGE IN PAKISTAN
The dissolution of marriage in Pakistan means dissolving the matrimonial bond. The dissolution of marriage certificate in Pakistan is issued after completing the dissolution of marriage process in Pakistan.
For the dissolution of a Christian marriage in Pakistan, the husband or wife has to file a suit in court. The dissolution of marriage in Islam is allowed to both males and females.
A lawyer in Pakistan prepares the dissolution of marriage plaint. However, the husband and wife can also prepare a dissolution of marriage agreement with mutual consent. A divorce lawyer processes the legal dissolution of marriage application.
Marriage can also be dissolved in Pakistan upon the death of either spouse. After recording evidence, the court can also dissolve the marriage.
While dissolving the marriage, the court examines the records, forms, and other documents presented by the lawyer. If either spouse does not appear before the court, the court can proceed ex parte and grant an ex parte decree, which is also valid under Muslim law and Islamic law.
Advocate Jamila is an experienced family lawyer who specializes in suits for the dissolution of marriage and can be contacted for your dissolution case.
DISSOLUTION OF MARRIAGE CERTIFICATE IN PAKISTAN
The dissolution of marriage certificate in Pakistan is issued to the husband or wife after completing the divorce process. Once your lawyer completes the divorce case, he will provide you with the dissolution of marriage certificate in Pakistan, which serves as the sole proof that your marriage has been dissolved.
DISSOLUTION OF MARRIAGE PROCESS IN PAKISTAN
Below is the dissolution of marriage process in Pakistan, step by step:
- Hire the services of an expert divorce lawyer.
- Pay the required legal fees to process your divorce.
- The lawyer prepares your case file according to the information you provide.
- The lawyer files the case in court.
- After completing the dissolution of marriage process in Pakistan, the lawyer provides you with the court decree or dissolution of marriage certificate as proof of the completion of the process.
DISSOLUTION OF CHRISTIAN MARRIAGE IN PAKISTAN
The dissolution of a Christian marriage in Pakistan differs from the dissolution of marriage under Muslim law.
In the dissolution of marriage under Muslim law, the case is filed in the family court. In contrast, for the dissolution of a Christian marriage in Pakistan, the case is filed in the civil court.
The family court generally decides such cases within a couple of months, whereas civil courts usually take longer.
During the dissolution of a Christian marriage in Pakistan, the civil court first grants a separation order. After completing the separation period, you can file the divorce case.
DISSOLUTION OF MARRIAGE IN ISLAM
The right to dissolution of marriage in Islam is available to both males and females.
A male has the right to divorce his wife and file the relevant case before the Arbitration Council. However, for the dissolution of marriage in Islam, a wife has to approach the family court through a lawyer, where she can obtain the dissolution of marriage through the Khula procedure.
A wife must establish valid grounds before the family court to obtain the dissolution of marriage through the Khula procedure in Pakistan. Therefore, always hire an experienced law firm like ours.
FREQUENTLY ASKED QUESTIONS
WHO PREPARES THE DISSOLUTION OF MARRIAGE PLAINT?
For the dissolution of marriage, you have to file a case either before the Arbitration Council if the dissolution is initiated by the husband or in the Family Court if the dissolution is initiated by the wife.
In both cases, you have to hire the services of a divorce lawyer to represent you before the relevant authority. Therefore, the lawyer prepares the dissolution of marriage plaint on behalf of the client.
CAN WE PREPARE A DISSOLUTION OF MARRIAGE AGREEMENT?
Yes! You can prepare a dissolution of marriage agreement.
A marriage can also be dissolved through an agreement prepared by your lawyer. However, preparing the agreement does not mean that the divorce has become effective. You have to submit the dissolution of marriage agreement before the Arbitration Council or the Family Court. Based on this agreement, the court or the relevant authority will issue the dissolution of marriage certificate.
The certificate is the proof of divorce, not the agreement.
WHERE CAN I GET A DISSOLUTION OF MARRIAGE APPLICATION?
The dissolution of marriage application is not something you can obtain from a supermarket. You have to hire the services of a lawyer who will prepare the application on your behalf after obtaining all the relevant facts from you.
Every case is different, so every dissolution of marriage application is also different. Different laws apply to different situations. Your lawyer submits the dissolution of marriage application before the court for further processing.
WHEN IS A LEGAL DISSOLUTION OF MARRIAGE FINALIZED?
A legal dissolution of marriage in Pakistan is finalized only when the court issues a legal dissolution of marriage certificate.
In the case of Talaq, the proceedings are finalized before the Arbitration Council.
WHAT IS DISSOLUTION OF MARRIAGE BY DEATH?
The dissolution of marriage by death occurs when one of the spouses dies. A matrimonial tie also comes to an end upon the death of either the husband or the wife.
In such a situation, you do not need to file any case before any court. You only need a death certificate. Once the husband or wife dies, the law presumes that the matrimonial relationship has ended.
WHAT DOCUMENTS ARE REQUIRED FOR THE DISSOLUTION OF MARRIAGE?
The documents required for the dissolution of marriage are:
- A copy of the CNIC.
- A copy of the marriage certificate.
If you do not have a copy of the CNIC or the marriage certificate, you can still contact us. In certain situations, these documents may not be required. Discuss your case with us, and we will guide you regarding which documents are mandatory and which can be skipped.
The more documents you provide, the easier it will be for your lawyer to obtain the dissolution of marriage.
CAN THE COURT DISMISS A DISSOLUTION OF MARRIAGE CASE?
Yes! In certain circumstances, the court can dismiss your case. Therefore, you should hire an experienced lawyer who can present your case effectively before the court.
Every case requires proper proof, and an experienced divorce lawyer like Advocate Jamila knows how to present the necessary evidence.
You may also contact us for assistance with the Talaq procedure.
WHAT IS A DISSOLUTION OF MARRIAGE EX PARTE DECREE?
Whenever you file a case before the court, the court issues notices to the other party so that it can hear both sides.
However, the court cannot continue issuing notices indefinitely. If the other party does not appear despite being served, the court may proceed ex parte. After recording the evidence, the court can grant an ex parte decree in favor of the applicant.
WHAT EVIDENCE CAN BE PRESENTED IN A DISSOLUTION OF MARRIAGE CASE?
Every court case requires the petitioner to prove the claim. Therefore, the court requires evidence in a dissolution of marriage case.
How your lawyer proves the case depends entirely on the facts and circumstances. Evidence is the most important stage of any case, and an experienced lawyer knows what evidence to present in different situations.
WHERE CAN I GET DISSOLUTION OF MARRIAGE FORMS?
Dissolution of marriage forms are not available in the market. Your lawyer prepares the required forms after obtaining complete details of your case.
Every applicant should provide all the relevant facts so that the lawyer can prepare the forms properly. If you conceal any material facts from your lawyer in Lahore, you may face difficulties in obtaining a decree in your favor.
WHAT IS THE DISSOLUTION OF MARRIAGE FILING FEE?
Every lawyer charges a fee according to experience and professional ability. Therefore, whether you save money or protect your case is your own decision. An experienced lawyer generally charges a higher fee.
We have kept our dissolution of marriage filing fee economical so that everyone can afford our services.
You save money for difficult situations in life, and few situations are more important than the dissolution of marriage. After the dissolution of marriage, the court issues the Divorce Certificate in Pakistan.
HOW LONG DOES IT TAKE TO GET A DISSOLUTION OF MARRIAGE?
The dissolution of marriage process may take anywhere from two months to two years, depending on the facts and circumstances of the case.
You can discuss your case with us, and we will let you know how long it may take in your particular situation.
WHAT IS A DISSOLUTION OF MARRIAGE JUDGMENT?
A dissolution of marriage judgment is the order passed by the judge in a dissolution case.
The judgment may or may not be in favor of the applicant. If your lawyer successfully proves your case, the judgment will be in your favor. Otherwise, the court may decide against the applicant.
WHERE ARE DISSOLUTION OF MARRIAGE RECORDS MAINTAINED?
The courts that decide the case maintain dissolution of marriage records in Pakistan.
If the record is older than three months, the court transfers it to the record room after assigning it a diary number.
CAN WE MAKE A DISSOLUTION OF MARRIAGE SETTLEMENT AGREEMENT?
Yes! You can make a dissolution of marriage settlement agreement.
There is no restriction on entering into a settlement agreement if both parties agree. However, the settlement agreement alone does not mean that you are divorced.
You must submit the settlement agreement before the court as evidence. After considering the agreement, the court may reach a conclusion and grant the divorce. When the agreement is from the male side it is called talaq in Pakistan.