Online Divorce Procedure for Overseas Pakistanis

Online divorce from abroad requires careful planning and proper documentation. Along with understanding the divorce procedure, another important aspect is to authorise a special power of attorney as a representative in Pakistan to handle this matter. In this article we will try to learn how to initiate a divorce from overseas, including how to send a divorce notice to the wife in Pakistan and how a Special Power of Attorney can streamline this process.

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Concept of Divorce by Husband

Generally, the term “divorce” comes from the Latin word divortium, meaning separation. The person who is divorced is termed a Divorcee.

Under Muslim law, the dissolution of marriage occurs either by the death of a spouse or by divorce. Divorce can be initiated by the husband unilaterally; it is termed as Talaaq., or by mutual agreement of both spouses, also known as Talaq-e-Mubarat.

In Islam, the husband holds the exclusive right to initiate divorce, known as talaq. To give a divorce, the husband must verbally announce it to the wife. This verbal talaq is recognised in Sharia law.

However, the online divorce process in Pakistan legally mandates that the talaq nama in Urdu or English be in written form and registered with the relevant authority, typically the Union Council or Arbitration Council that may be submitted by a special power of attorney. These are the essential requirements for a valid online talaq in Pakistan.

The detailed article on Talaaq by the husband (Divorce) can be read here.

Divorce Procedure for Overseas Pakistanis

For wives who reside outside Pakistan, there is an option, an ease, to seek online khula from overseas. Similarly, husbands residing outside Pakistan also have a choice to send a divorce notice from abroad and obtain a divorce registration certificate from NADRA without needing to come to Pakistan. Below is the procedure;

1. Consult a Divorce Lawyer and Create a Special Power of Attorney: Most important part of this type of divorce process for a an overseas Pakistani is to execute a Special Power of Attorney to a representative (usually a lawyer or family member) in Pakistan.

This document authorizes the representative to act on behalf of the principal (the person residing abroad) for specific legal tasks, and it can include filing the divorce documents in the union councils and obtaining a divorce registration certificate from NADRA.

2. Attestation from consultants and embassy: The Special Power of Attorney must be signed by the principal, attested by the Pakistani embassy in the country of residence, and subsequently attested by the Ministry of Foreign Affairs in Pakistan to be valid ​(Full article on Special Power of Attorney can be read by clicking here).

3. Prepare and Sign the Talaq Nama (Divorce Deed): The husband, as the principal, drafts the Talaq Nama, a formal declaration of divorce, and sends it to the authorised representative in Pakistan (Click here to see the Talaq Nama sample). The person holding Special Power of Attorney, then submits Talaq Nama or Divorce Deed to the local Union Council, where the marriage was registered, or where the wife resides, as the case may be.

4. Union Council Submission and Notification Period: After the Talaq Nama is filed, the Union Council initiates a 90-day waiting period to allow possible  reconciliation. If reconciliation fails, the divorce is finalised after this period, and the Union Council issues a NADRA Divorce Certificate, as the official document of confirmation of the divorce.

Form of Online Divorce in Pakistan

Indeed, the law provides a prearranged procedure of divorce in Pakistan under The Muslim Family Laws Ordinance 1961. Still, there is no specific form of pronouncing divorce is present in the law. No specific words are prescribed for verbal divorce. Although there could be multiple divorce reasons in Pakistan present, legally, there is no prerequisite or reason required for a husband to give a divorce

Documents Required for Online Divorce​

To file process Online divorce in Pakistan following documents are required;

  • Valid ID: such as CNIC for Pakistani nationals and Passport or foreign ID in the case of Overseas Pakistani or foreign nationals.
  • Nikah Nama: proof of marriage, i.e., Nikahnama or Marriage Registration Certificate. 
  • Divorce deed format: A properly written divorce deed printed or written on a Stamp paper.
  • Duly Attested Special Power of Attorney (SPA): SPA must be attested by the Pakistani embassy and subsequently by the Ministry of Foreign Affairs in Pakistan.

 

Conditions for a Valid Online Divorce

Before delving into the Online divorce procedure in Pakistan, it is essential to highlight the general conditions required for a valid Talaq:

  1. The words of Talaq must indicate the husband’s intention to end the marriage. In case of ambiguity, it must be proven that the husband’s intentions were to dissolve the marriage.
  2. The husband must be sane and has attained the age of puberty is legally competent to pronounce Talaq.
  3. The husband’s consent to divorce must be free from coercion, undue influence, or intoxication, except for the Hanafi law where Issuing Divorce in the State of Intoxication (voluntary intoxication) is considered valid.
  4. A divorce can be oral or written. No specific wording is required as long as the intention to dissolve the marriage is clear. However, in Shia law Talaq be pronounced orally and in the presence of two witnesses.

How to Send Divorce Notice to Wife in Pakistan

For overseas Pakistanis, ensuring that the wife in Pakistan receives the divorce notice is a critical part of the process. Here’s how to manage this requirement:

  1. Use the Special Power of Attorney for Serving Notice: The Special Power of Attorney empowers the representative to manage sending divorce notice on behalf of the husband to the wife. The representative also submits the same Talaq Nama to the Union Council, which also notifies the wife in an official capacity.
  2. Direct Courier of the Divorce Notice: Alongside Union Council submission, the Talaq Nama can also be sent directly to the wife via a recognized courier service.
  3. Alternative Methods if the wife is unreachable: If the wife’s whereabouts are unknown, the Union Council alternatively publication in a newspaper. 

Effectiveness of Talaq

The talaq will take time to be effective. Instead, it becomes effective 90 days after the notice is delivered to the Chairman. This waiting period allows time for possible reconciliation. This 90-day period may also be calculated

Remarriage of the Same Spouses After Divorce

A wife whose marriage has been terminated by talaq can reconcile within 90 days, i.e., before issuance of a divorce registration certificate from NADRA. Even after issuance of the divorce certificate, both can remarry their former husband without marrying someone else, i.e., Halala is not necessary unless the divorce happens a third time. Because, when a husband pronounces divorce (Talaq) for the third and final time, the divorce becomes irrevocable. Then, if he wishes to remarry his former wife, Halala is required. This means the woman must marry another man, and only if that marriage ends naturally—either through divorce or the death of her second husband—can she remarry her first husband.

Maintenance after Divorce

After a divorce or any other mode of dissolution of marriage, such as khula or Mutual Divorce (talaq-e-Mubarat), the husband is obligated to pay maintenance of wife during the period of Iddat (three months) after the dissolution of the marriage. If the wife is pregnant at the time of the pronouncement of divorce, in this case, the divorce becomes effective upon the delivery of the child. The maintenance continues till childbirth, and when the wife is breastfeeding, maintenance continues till the child is on the mother’s feed.

Conclusion

For overseas Pakistanis, the divorce procedure, facilitated by a Special Power of Attorney, allows a legal and efficient dissolution of marriage. By following these steps and understanding how to send a divorce notice to the wife in Pakistan, overseas Pakistanis can ensure a smooth, compliant, and timely process.

Frequently Asked Legal Questions

Q1. Can an overseas Pakistani complete the divorce process online?

Yes, by appointing a Special Power of Attorney this process can be managed remotely without requiring physical presence.

Q2. What is the role of the Arbitration Council in the Online divorce process?

The Arbitration Council plays the most significant role in facilitating reconciliation between spouses. If reconciliation efforts fail, the Council issues a divorce certificate, documenting the divorce as per Pakistani divorce rules.

Q3: Is a NADRA Divorce Certificate necessary?

Yes, it is necessary as this certificate serves as the official document of divorce effectiveness.

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Note:

While we give our best to provide accurate information, please note that the details in this article may contain human errors and are not meant to serve as legal opinion or advice. This content is purely for informational purposes. If you have a specific legal query or need further clarification, we warmly invite our valued readers to reach out to us by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.

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