Legal Separation Process in Pakistan from Abroad

The term legal separation means that the husband and wife do not want to live together. There is no concept of legal separation in Pakistan.

As per Pakistani family law, an adult male and female are free to live together or separately. There is no requirement to file a separation petition against each other. If they want to live separately, they can do so.

Legal separation for Non Muslims

Legal separation may be required by spouses if they are non-Muslims. In Pakistan, non-Muslims such as Christians, if a wife or husband files a case against the other, have to prove that they have been living separately from each other for a certain period of time, as this is one of the major grounds on which Christians can obtain a divorce in Pakistan.
As far as Muslims are concerned, they can directly proceed with their divorce case according to family law and do not need a separate separation petition.

Divorce Process in Pakistan from Abroad

If by the term “legal separation process in Pakistan from abroad” you mean the divorce process in Pakistan from abroad, then both Muslim males and females have the right to get separated from each other.

HOW HUSBAND CAN DIVORCE

If a male wants to divorce his wife, he does not need any particular reason.
He can divorce his wife even without providing a reason.
This right is given to the male by Muslim Family Law as well as Islamic Sharia Law.

HOW WIFE CAN GET DIVORCE

A female also has the right to obtain a divorce from her husband.
When a female initiates divorce proceedings against her husband, it is called Khula in Pakistan.

HOW TO INITIATE DIVORCE PROCEEDINGS FROM ABROAD

When a husband or wife is living abroad and wishes to initiate the divorce process, they can hire the services of a divorce lawyer who can initiate the legal process in their absence.

Is Special Power of Attorney Required

A Special Power of Attorney grants authority to the lawyer to proceed legally on behalf of clients who are not currently in Pakistan.
This is not unique to Pakistan. Almost all countries have similar laws whereby legal representation is carried out through lawyers, attorneys, or advocates when clients are not physically present in their respective countries.
The legal separation process in Pakistan from abroad is generally carried out by hiring the services of a divorce lawyer through a Special Power of Attorney, under which the client authorizes the lawyer to conduct the divorce proceedings on their behalf.

Important Note

In some cases, a Special Power of Attorney may not be required. However, it is always recommended to consult your lawyer before proceeding with your legal case.

Steps in the Divorce Process

The first step in processing divorce proceedings is to contact a lawyer, seek professional legal advice, and, after making the required payment, provide the lawyer with the necessary documents so that the case can be prepared according to the law and finalized accordingly.
The divorce process is different for males and females in Pakistan.

Khula Process for Females Living Abroad

In order to process a Khula case from abroad, a female must send a Special Power of Attorney attested by the Pakistani Embassy or Consulate in the country where she is currently residing.
Once the document has been attested, she must courier the original document to her lawyer.
Upon receiving the original document, the lawyer will have it attested by the Ministry of Foreign Affairs in Pakistan.
After attestation, the lawyer will file a case in the Family Court and, after completion of the legal process, obtain the Khula decree on her behalf.
A female client residing abroad can also authorize her lawyer to get the documents attested by the Ministry of Foreign Affairs.
She may further authorize the lawyer to obtain the Divorce Certificate in Pakistan on her behalf.

Is Divorce Certificate Mandatory

Once the Khula decree is granted by the Family Court to a wife residing abroad, she must also obtain the Divorce Certificate.
This certificate is mandatory for the completion and finalization of the divorce process in Pakistan.