Legal Ways to Separate from Spouse in Pakistan from Overseas

Legal Ways to Separate from Spouse in Pakistan from Overseas

  • The legal way to separate from a spouse in Pakistan from overseas is to hire the services of a divorce lawyer in Pakistan who will initiate the divorce procedure in Pakistan on your behalf and conduct the proceedings in your absence.
  • Both the male and the female have the fundamental right to file any case in Pakistan or to contest any case in the country while being abroad. The law does not force a male or a female to mandatorily visit the country only because they want to separate or want to be divorced.
  • An overseas divorce procedure in Pakistan can be initiated through a divorce lawyer. If you are in another country, you can hire the services of a lawyer, and he will do the rest of the job on your behalf.

Overseas Divorce by Male in Pakistan

  • If a male is not in Pakistan and wants to divorce his wife, being an overseas Pakistani, he has the right to initiate divorce proceedings in the country through a divorce lawyer.
  • You can hire the services of a divorce lawyer through a Special Power of Attorney. When you hire the services of a lawyer, the lawyer will draft a Special Power of Attorney. All you need to do is get this document attested by the Pakistani Embassy or Consulate and then courier the original document to the lawyer so that he can exercise the rights granted to him in the Special Power of Attorney.
  • An overseas divorce in Pakistan will be initiated by the lawyer once he receives the Special Power of Attorney. The lawyer will draft the divorce deed himself and submit it to the Arbitration Council or Union Council, send a copy to the wife, and the rest of the proceedings will also be conducted by the lawyer in the absence of the husband.

Overseas Khula in Pakistan

  • A Pakistani female who is not currently in Pakistan also has the right to obtain a divorce from her husband by way of Khula. If the wife initiates the divorce against the husband, it is called Khula.
  • To initiate the overseas Khula procedure in Pakistan, the wife has to hire the services of a divorce lawyer. The services of the lawyer can be hired through a Special Power of Attorney.
  • When she hires the services of a lawyer, the lawyer will draft a Special Power of Attorney, which she has to get attested by the Pakistani Embassy or Consulate in the country where she is currently residing and then send the original document through courier to the lawyer.
  • Once the lawyer receives the Special Power of Attorney, he will file a Khula case in the Family Court and, after a certain period of time, obtain the Khula decree from the court on behalf of the wife.

Overseas Divorce Certificate

  • Once the divorce of a male or a female is finalized remotely, an overseas divorce certificate in Pakistan will be issued. The certificate is the final document proving that a person is divorced.
  • If a male initiates divorce proceedings in the country or if the wife initiates the Khula procedure, the proceedings are considered finalized only when this divorce certificate is issued. Once the certificate is issued, both the male and the female are free to marry someone else.

Overseas Marriage After Divorce

  • Once the divorce is finalized and the certificate is issued, an overseas Pakistani can also avail the services of a lawyer in Pakistan to conduct his next marriage.
  • In the same way that he does not have to come to Pakistan for the divorce, he also does not need to visit Pakistan for his next marriage. An overseas Pakistani can also avail the services of an online Nikah in Pakistan.
  • The legal ways to separate from a spouse in Pakistan from overseas are mentioned above. However, if you still have any questions, you may contact our expert lawyer, Advocate Ali. We are experts in cases of overseas divorce, Khula, and online marriage.