Question :

steps required for divorce: My name is Abdullah Khan, i live in Saudi Arabia, from Peshawar originally. I want to document divorce request, i need to know the steps required and documents needed for this.

ANSWER:

The process of divorce involves several essential steps that must be meticulously followed to ensure legal compliance. Firstly, a petition for divorce must be filed with the appropriate court, outlining the grounds for dissolution. Following this, both parties are required to engage in a mediation process, if applicable, to resolve any disputes amicably. Lastly, the court will review the case and issue a decree absolute, finalising the divorce.

 

Since you are presently residing in Saudi Arabia and originally belong to Peshawar, you can initiate the divorce/Talaq documentation and legal process in Pakistan without personally travelling to Pakistan, through a properly attested Special Power of Attorney.

Under Pakistani law, a husband may pronounce Talaq, but for its legal effect and registration, the Talaq notice must be submitted before the concerned Chairman Arbitration Council/Union Council. The statutory period of 90 days starts from the date when the notice is received by the concerned Union Council. After completion of the legal period and reconciliation proceedings, the Union Council issues the Divorce Effectiveness/Divorce Certificate.

The general steps are as follows:

  1. Preparation of Divorce Deed/Talaq Notice
    We will prepare your Divorce Deed/Talaq Notice and Special Power of Attorney according to Pakistani law.

  2. Attestation in Saudi Arabia
    You will sign the Divorce Deed and Special Power of Attorney in Saudi Arabia and get them attested from the Embassy/Consulate of Pakistan in Saudi Arabia.
  3. Dispatch of Original Documents
    After attestation, you will send the original attested documents to our office in Pakistan through DHL/courier.
  4. Filing Before Concerned Union Council
    After receiving the original documents, we will submit the Talaq notice before the concerned Union Council/Arbitration Council, most probably at the place where the wife is residing or where the marriage was registered, depending on the facts of your case.
  5. Reconciliation Proceedings
    The Union Council usually issues notices for reconciliation proceedings. Since you are abroad, your appointed attorney/lawyer may appear on your behalf.
  6. Issuance of Divorce Certificate
    After completion of 90 days from submission/receipt of the Talaq notice by the Union Council, and if no reconciliation takes place, the Union Council issues the Divorce Certificate.

Documents required from your side:

  1. Copy of your CNIC/NICOP or Pakistani Passport
  2. Copy of your Saudi Iqama
  3. Copy of Nikah Nama/Marriage Certificate
  4. Copy of wife’s CNIC, if available
  5. Wife’s present address in Pakistan
  6. Your present address in Saudi Arabia
  7. Two passport-size photographs
  8. Details regarding Haq Mehr, whether paid or unpaid
  9. Details of children, if any
  10. Copy of any previous divorce notice/deed, if already prepared
  11. CNIC copy of the person/lawyer to whom Power of Attorney will be given

Please also confirm:

  1. Whether your wife is presently living in Peshawar or any other city?
  2. Whether the Nikah was registered in Peshawar?
  3. Whether you have any children from this marriage?
  4. Whether Haq Mehr has been paid or is still pending?

Once you share the above documents and details, we can prepare the required Divorce Deed and Special Power of Attorney for attestation from the Pakistan Embassy/Consulate in Saudi Arabia.

For fast communication, you may also contact us on WhatsApp at +92 321 4610092.

 

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