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.
[Clause 18 of NikkahNama]
By “Delegated Divorce” (Talak-e-Tafweez - طلاق تفویض) On the other hand, if wife is delegated the Right of Divorce in her nikahnama (Section 18), also known as ,Talaq-e-Tafweez, then she is entitled under the law to adopt the same procedure of talaq for a husband as mentioned hereinabove.
In some cases, you can get civil court decree stating that your divorce was effective as per Pakistani Family Laws Ordinance before you got married. You can get this court decree in just 15-20 days. This is the most authenticated solution.
Procedure:
→ 1. The women informs her Union Council in writing by registered post of her intention to divorce her husband on the basis of a Talaq-e-Tafweez. This is usually done on Rupee paper affidavits. In this notice, she must give her husband's address. Failure to do this means the divorce is not valid in law.
→ 2. Within 30 days of the initial notice, the Union Council forms an Arbitration Council and writes (by registered post) to the husband to inform him of the notice of divorce. If the notice cannot be served on the husband, it may be served on his father, mother, or adult sibling, (no other relatives) with the permission of the relevant Union Council. If that is still not possible, the notice can be served through a newspaper, as approved by the relevant Union Council.
→ 3. The Arbitration Council seeks to reconcile the married couple by inviting them (or their representatives) to 3 meetings. If reconciliation is not possible, the procedure continues.
→ 4. All parties must wait 90 days (iddat for reconciliation) from the date the Union Council receives the initial notice of divorce before the divorce becomes final.
→ 5. During the iddat period, the Arbitration Council will issue 3 notices to reconcile.
→ 6. After the reconciliation period is over, the Union Council issues a final certificate of talaq divorce which is signed by the Union Council Chairman or Secretary.