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.
[Divorce by Mutual Consent of both Husband and Wife]
By “Mutual Consent” (Mubara’at - مبارأة): The literal meaning of Muba'arat is 'obtaining release from each other'. In this form of divorce, there is no need to approach the Family Court and the marriage can be dissolved cheaply, rapidly, and with few procedural problems. In this case, both husband and wife may sign a Mutual Divorce Deed and send a written notice under section 8 of the Muslim Family Law Ordinance 1961, known as Mubara’at, to the concerned Union Council or government office; however, the government office is duty bound to follow the procedure for the issuance of notices before issuing the dissolution of marriage certificate to the parties. In other words, the Union council will adopt the same procedure as of ordinary notice of talaq.
Remarry within Iddat Period if divorced via Talaq-e-Mubara’at:- It is considered as a valid divorce in Pakistan if iddat period is not followed in Talaq-e-Mubara’at, however the marriage is not valid for Canadian Immigration if the man married within the 90-day period because this would be considered a polygamous marriage.
Procedure:
→ 1. The offer for separation in Muba'arat may proceed either from the wife or from the husband and as soon as it is accepted, dissolution is complete. → 2. If the divorce is with mutual consent on the basis of Muba'arat, the husband cannot retract or withdraw such divorce and the Chairman of the Arbitration Council has no authority to adjudicate upon the validity of such a divorce. Thus, this form of divorce is final and binding, with no opportunity for reconciliation. → 3. The divorce becomes final for all intents and purposes and the husband thereafter cannot withdraw the divorce; the Chairman is bound to register the divorce in such cases. → 4. The divorce can take effect immediately without awaiting the expiry of the usual 90 days, but for Canadian immigration purposes, the divorce is not final until the expiry of 90 days.