How to Divorce Without Going to Court?
Yes, you can get divorced in Pakistan without going through lengthy court battles if both spouses agree to a mutual consent divorce. This type of divorce allows couples to amicably settle the terms of their separation without the stress and delay often associated with contested divorces. The process is generally quicker and far less taxing since both parties are on the same page about the divorce’s terms.
In cities like Karachi, mutual consent divorces are becoming a popular option for couples seeking a peaceful resolution. If you’re wondering how you can go through this process with minimal court involvement, here’s a breakdown of the steps:
Consult a Family Case Lawyer
The first step, once both partners agree on the terms, is to hire a family lawyer. Your lawyer will guide you through the legal steps, ensuring everything is handled smoothly. They’ll also clarify your rights and responsibilities, which helps avoid potential issues later on.
Prepare the Divorce Case Petition
With your lawyer’s assistance, the next step is to draft a mutual consent divorce petition. This legal document lays out the key elements of your separation, including child custody (who will have primary custody or whether it will be shared), child maintenance (financial support based on the father’s income and the children’s needs), and property division (how homes, savings, and other assets will be split). Additionally, you’ll need to state the reason for the divorce, which can be as simple as mutual incompatibility. After everything is agreed upon, both parties sign the petition.
Sign the Mutual Consent Divorce
Once the petition is prepared, both spouses need to sign it in front of their lawyer. It’s crucial to review every detail thoroughly before signing since this document forms the basis of your legal separation. If any changes are required, this is the time to address them.
Submit the Filing Fee
After the petition is signed, you’ll need to pay the filing fee and attach the necessary documents, including your nikah nama (marriage certificate) and CNICs (national identity cards).
File the Petition with the Court
Your Divorce Case lawyer will help file the petition and required documents with the court. While the court is involved, you won’t need to make frequent appearances. A case number is assigned, and a hearing date is set, but your presence in court is minimal.
Obtain the Divorce Registration Certificate
Once all legal formalities are completed and the divorce is granted, the final step is to get your divorce certificate from NADRA (National Database and Registration Authority). You’ll need to submit all relevant documents, including the divorce decree and court orders. Once NADRA processes these, they’ll issue the divorce certificate, which serves as official proof of your divorce.
In conclusion, if you want to get divorced without going to court then you can go for divorce by mutual consent.