Divorce Certificates

Since there were no Guides regarding this topic anywhere and we have received requests from our readers who had previous marriages, we have compiled information regarding Procedure of Divorce in Pakistan and documents you need to show to Canadian Visa Office.

This Divorce Guide is strictly compiled for Pakistani Applicants.

Talaq / Khula / Family Court / Union Counil

Divorce By HUSBAND

(Talaq - طلاق)

Divorce by WIFE

(Khul’a - خلع)

Delegated Divorce by WIFE

(Tafweez - تفویض)

Mutual Divorce by BOTH

(Mubara’at - مبارأة)

[ INITIATION OF DIVORCE ]

THERE ARE THREE DIFFERENT METHODS & FOUR DIFFERENT WAYS TO DISSOLVE A MARRIAGE IN PAKISTAN WHICH ARE MENTIONED AS BELOW:

► By HUSBAND

Ø Divorce By Husband (Talaq): It is a most common method in which a husband pronounce a divorce to the wife in written format.

► By WIFE

Ø Divorce by the way of Khula: It is also called judicial divorce. A wife can go to the family court at any stage of her life if she feels that she can't continue with her marriage. Court issues a divorce decree after hearing her case and following the due process of law.

Ø Divorce by way of Delegation (Talaq-e-Tafweez : Clause 18): It is a divorce right given to wife in her Nikkahnama.

► By HUSBAND & WIFE

Ø Mutual Divorce (Talaq-e-Mubara’at): Husband and wife can also write a mutual divorce deed.

[ Divorce Registration at Union Council ]

LAST STEP OF EACH DIVORCE PROCEEDING IS TO REGISTER YOUR DIVORCE AT LOCAL UNION COUNCIL:

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Divorce Registration Certificate (DRC)

NADRA-style Divorce Registration Certificate (DRC) is a legal provincial document that you need to prove your status after dissolution of marriage and also for next marriage with absolute proof of divorce from any previous marriage.

SAMPLES

Requirement by IRCC

- Divorces obtained in Pakistan: If a divorce has been obtained in Pakistan by a sponsor residing in Canada, submit evidence that either party of the divorce resided in Pakistan for at least one year prior to the divorce. · Alternatively, you may submit evidence that either party to the divorce had a substantial connection to Pakistan such as frequent visits, property ownership, and/or active businesses in Pakistan.

- Divorce certificates issued in Pakistan must be issued by the relevant Union Council or government authority. The NADRA (National Database and Registration Authority) issued divorce certificate (1) should be included but is not sufficient evidence on its own.

You must include the Certificate of Talaq issued by the relevant Union council. (It’s locally known as Divorce Registration Certificate - اندراج طلاق سرٹیفکیٹ )
In the case of Khula, you should also include the Decree of Khula (Court Order) issued by the Family Court.

Do note that this list is not complete and IRCC may request for more documents, such as: - All Notices of Arbitration Council - Initial Divorce Notice from ex-spouse

NOTE1: Also update your records with NADRA by updating your FRC as your Divorce Certificates have file numbers which has to be updated with NADRA.

NOTE2: You also have to submit all correspondence done prior to divorce between you and your ex through court. All court papers and summons translated and attested by Notary Public.

NOTE3: Photocopies are acceptable if you don’t have originals. Your local Union Council will be able to help you in this regard.

It’s usual practise to get your official documents/certificates (both marriage & divorced) attested by Foreign Office (MOFA) via any of their Camp offices when submitting for Visa/Immigration purposes. When you have Foreign Office’s seal of approval on your documents, there’s very little chance of getting accused of document not being genuine.You must also make sure your issued certificate reflect your mode/type of divorce. If you requested for ‘Khula’ and your paperwork is showing as ‘Talaq’, this will create redflag in Visa Officer’s mind.

Note: Failure to submit marriage or divorce certificates with conform to the Muslim Family Law Ordinance of 1961 may lead to the delay and possible refusal of your application.

NON-MUSLIM Marriages:

Non-Muslims should provide marriage and divorce certificates from the relevant authority responsible for registration.
Affidavits to establish marriage, divorce, death and custody are not acceptable.

:IMPORTANT:

In case of Divorce, you must obtain and provide the divorce certificate, including all arbitration notices, notices of talaq divorce and any other documents or decisions from the Union Council and Arbitration Committee. Onus of proof is on Applicant, not Visa Officer.

:ACTUAL GUIDELINE FOLLOWED BY IRCC: According to IRCC’s guidelines (not publicly available) by Sam Schinkel (DIO - Designated Immigration Officer / AID - Agent d'immigration désigné) at London (UK) titled ‘Muslim divorce procedures and laws in Pakistan and assessing Pakistan divorces for Canadian immigration purposes’....

“A verbal divorce or ‘bare talaq’ is not legally valid in Pakistan. However, a man can divorce his wife by pronouncing ‘talaq’ three times, provided that it is followed by the correct registration procedures as follows. After the talaq is declared to his wife, a man must notify the Union Council, who in turn forms an Arbitration Council and writes to the wife informing her of the notice of divorce. The Arbitration Council seeks to reconcile the married couple by inviting them to three meetings and issuing three notices to reconcile. All parties must wait ninety days from the date the government office receives the talaq notice. This 90-day period is called the Iddat period and if reconciliation is not possible in that time, the Union Council will issue a Talaq Nama (Certificate of Divorce) making the divorce effective.

Failure to abide by the Iddat period is considered a crime and may lead to imprisonment for up to one year and/or a fine of up to Rs5000, plus the divorce will not be legally valid. Even if the new marriage takes place just one day prior to the end of Iddat, the divorce is not legally valid.

The date of the failure of reconciliation is the end of the Iddat period (at least 90 days) and the effectiveness of divorce should be the same date as the failure of reconciliation.

The person who initiates the divorce or his representative must have been in Pakistan to sign the affidavit and put his or her thumbprint on it. Divorcer does not have to remain in Pakistan for the whole divorce proceeding because a family member can continue the process of their behalf.

People who divorce in Pakistan by talaq should be able to produce evidence of the correct divorce proceedings conducted by the Union Council. Once initiated at the Union Council, the formal proceedings take place and Secretaries are required to create dates to reflect the reconciliation dates/Iddat period in order to document the correct proceedings having been followed.”

What is a CRMS Number?

CRMS is the Civil Registration Management System developed by NADRA (Pakistan's National Database and Registration Authority) to provide computerized registration of life events.

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