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Browse our 6 legal questions about Divorce & Separation in Pakistan and the lawyer answers, or ask your own questions for free.
Divorce and separation in Gujranwala, Pakistan, like in other parts of the country, follow the guidelines as set by Pakistan's Family Law. This law grants both the man and woman rights to terminate the marriage through divorce. For men, it is named Talaq, while for women, it is known as Khula. The Divorce Act of 1869 also provides essential insight into this area of law. It is important to note that these legal processes can be complicated, emotionally difficult, and require a good knowledge of the legal system.
There are several reasons why individuals involved in divorce or separation cases might need the assistance of legal counsel including, division of assets, child custody issues, alimony, and interpreting complex law terms. Also, having a professional lawyer can ensure your rights are protected, help to speed up the process, and provide emotional and moral support.
The Pakistani family law, applicable in Gujranwala, lays out the procedure for divorce clearly. 'Talaq' or divorce can be given unilaterally by the husband, without court intervention. However, for a 'Khula' or the dissolution of marriage at the wife's behest, a family court's intervention is required. Child custody generally granted to the mother until the child reaches an age defined under Islamic law. Maintenance of the wife and children is also generally the husband's responsibility, and this is determined based on the husband's income and the wife’s needs.
The duration is dependent on various factors, including the complexity of the case, but an uncontested divorce might take a few months to finalize.
While it's possible to file for divorce without a lawyer, it isn't advisable due to the complex nature of legal matters particularly in family law.
Assets and properties acquired during the marriage are usually divided based on the husband's and wife's contributions. However, this is a complex process that can depend on numerous factors, best handled by a lawyer.
The Family Court has jurisdiction over all proceedings about divorce and deliberates on all related matters including division of assets, alimony, and child maintenance.
Typically, the mother is given custody of the children until they reach a certain age, after which they may choose the parent they want to live with. The father, however, is financially responsible.
Additional resources include governmental bodies like the Family Court and organizations such as the Legal Aid Society. Some online resources, like the Pakistan Law Site, also provide useful legal updates and summaries.
If you need legal assistance with divorce or separation, it is recommended to find a local lawyer or legal aid service experienced in family law. Prepare your documents, such as the marriage contract and any other relevant documents, before your consultation. It also might be helpful to make a list of things you want out of the divorce or separation process, including assets, custody arrangements, etc.
