Equitable Property Distribution in Pakistan


There is no such thing as equitable property distribution in Pakistan. In Pakistan, property belongs to the person who owns it. In most of Europe, there is the concept of equitable distribution of marital property after divorce. The reason for the distribution of property after divorce is that they consider marriage a religious duty. They say that men and women are one after marriage. In Pakistan, a marriage is a contract between a man and a woman. There is no such assets distribution after divorce in Pakistan. The property that a husband owns before marriage and during marriage will remain his own property. After the divorce, the husband’s property cannot be shared or given to the wife.


The equitable distribution of marital property is not possible in Pakistan. The husband and wife are different entities. In Pakistan, they are not referred to as one unit. The property that a husband owns will remain his own, and the property that the wife owns will remain hers. There will be no change in the ownership of the property after the divorce. We have different laws in Pakistan. The laws of European countries do not apply in Pakistan. There is no such thing like equitable distribution of marital property, even if the female takes khula in Pakistan. The husband can keep the property that he owns, or the wife can keep her own property. The distribution of property after divorce may be possible in other countries, but not in Pakistan.


The people who need distribution of property after divorce are unaware of the laws in Pakistan. Pakistan has no law for the equitable distribution of marital property. In Pakistan, males and females have different rights and obligations. These rights and obligations do not include the division of assets. In most countries in the world, when a husband and wife get divorced, they file a case for assets distribution after divorce. The assets which a couple acquired during the marriage are considered as joint property of the couples in many countries. In Pakistan, property acquired by a husband and wife during marriage is not considered joint property. When there is no concept of joint property, it cannot be distributed after talaq in Pakistan.


Most of the expat Pakistanis, instead of getting divorced abroad, get divorce certificates from Pakistan. The reason for obtaining the divorce from Pakistan is to avoid the assets distribution after divorce. A Pakistani national can file for divorce in Pakistan as well. They take advantage of filing divorce in Pakistan just in order to avoid property issues abroad. When you get divorced abroad, it is dealt with in accordance with the law of that country. In Pakistan, our law is different from that in European countries. The law does not give you the right to distribute property after divorce. If someone by choice wants to give a share of the property to the other after divorce, he can do it by choice. The law does not compel someone to do so. The Pakistani can take advantage of filing the case of dissolution of marriage in Pakistan to avoid asset distribution.


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