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Divorce Certificate from Union Council – Step by Step Guide

Getting a divorce certificate from the Union Council in Pakistan is important for legally ending a marriage.

This certificate proves that your marriage is over, which you might need for various legal reasons, like remarrying.

This guide will help you understand how to get a divorce certificate from union council, covering all the steps and requirements.

Types of Divorce in Pakistan

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Talaq (Divorce by Husband)

In Pakistan, a husband can divorce his wife by Talaq, which involves declaring the divorce verbally or in writing. This declaration must be reported to the Union Council to start the official process of getting a divorce certificate.

Khula (Judicial Divorce by Wife)

Khula is when a wife seeks a divorce through the family court. She files a petition stating her reasons, and if the court finds them valid, it issues a divorce decree.

Mutual Divorce (Talaq e Mubarat)

In a mutual divorce, both husband and wife agree to end their marriage. They write a mutual divorce deed and submit it to the Union Council to begin the process of getting a divorce certificate.

Residency Requirements

To file for divorce in Pakistan, at least one person must live in the country. This makes sure that the Union Council has the authority to handle the divorce.

Grounds for Divorce

There are various reasons for divorce recognized by Pakistani law, such as cruelty, desertion, or mutual consent. Knowing these reasons helps in filing the right petition.

Relevant Laws and Ordinances

The divorce process is governed by several laws, like the Muslim Family Laws Ordinance of 1961. Knowing these laws is important to follow the legal process correctly.

Also Read: Complete Guide on Love Marriage In Pakistan

Step-by-Step Process to Obtain a Divorce Certificate from Union Council

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1- Preparing Divorce Agreement Documents

First, you need to prepare the necessary divorce documents, such as a divorce agreement or mutual divorce deed.

2- Submission to the Arbitration Council

Submit these documents to the Arbitration Council at the Union Council. This step officially starts the divorce process.

3- Reconciliation Process

The Arbitration Council will conduct meetings to try to reconcile the couple over 90 days. This gives the couple a chance to make up before finalizing the divorce.

4- Finalizing the Divorce

If reconciliation doesn’t work, the Union Council issues a divorce certificate, officially ending the marriage. This certificate is necessary for legal purposes.

Role of the Arbitration Council

The Arbitration Council includes representatives from both sides, often family members or legal representatives. Their main job is to mediate and ensure a fair process.

The Council tries to mediate between the couple to see if they can reconcile. If they can’t, the Council moves forward with the divorce process.

Issuance of NADRA Divorce Certificate

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1- Application Process

After the divorce is finalized, you can apply for a NADRA divorce certificate at the Union Council.

2- Required Documentation

You will need to provide various documents like the divorce agreement, identity proof, and other necessary documents.

3- Applicable Fees

There are fees for getting the NADRA divorce certificate. These fees vary based on the Union Council’s policies.

Understanding the Iddah Period

The Iddah period is a waiting time after a divorce during which the woman can’t remarry. It usually lasts three months.

Following the Iddah period is important for adhering to Islamic laws. It allows for reflection and ensures the divorce process is complete.

Also Read: Court Marriage Process and Fees in Pakistan

Embassy Attestation of Divorce Certificate

Process of Notarization and Legalization

Embassy attestation involves verifying the divorce certificate by the relevant embassy or consulate. This process includes notarization and legalization by the Ministry of Foreign Affairs in Pakistan.

Embassy Requirements and Fees

Each embassy has different requirements and fees. It’s best to contact the embassy directly for detailed information.

Child Custody and Support Laws

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In Pakistani divorces, child custody is governed by the Guardian and Wards Act and the Family Courts Act of 1964.

The main focus is the child’s well-being, with custody usually granted to the parent who can provide a stable environment.

FAQs

  1. What documents are needed to apply for a divorce certificate?
    • Usually, you need the divorce agreement, proof of identity, and other legal documents.
  2. How long does it take to get a NADRA divorce certificate?
    • It can take a few weeks, depending on the Union Council’s procedures.
  3. Is the NADRA divorce certificate recognized internationally?
    • Yes, as long as it is properly attested and legalized, it is recognized in many countries.

Conclusion

Getting a divorce certificate from the Union Council in Pakistan involves several steps and legal requirements.

Understanding the process helps you complete it smoothly.

This guide aims to provide a clear path to obtaining your divorce certificate from union council in pakistan, ensuring you follow all necessary steps and legal guidelines.

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