Broken Bonds: Rights After a Divorce
A marital contract between two individuals can be executed and dissolved like any other contract, although it automatically dissolves on the death of either spouse.
Both spouses have legal rights to end a marriage, as recognized in Islam. In Pakistan, religion plays a vital role, so both spouses are entitled to religious rights to obtain a divorce.
After a divorce, the husband and wife both have the right to protect themselves from physical, sexual, or mental harm. A husband has the solitary right of Divorce, and he cannot be alienated from this right but may restrict through the marriage contract. According to the Muslim Personal Law, within section 7 of the Muslim Family Law Ordinance, the husband may pronounce Divorce orally by repeating the word “Talaq” three times.
Following this, the husband has a legal duty that bounds them to send a written notice by registered post to the association council or appropriate government office in charge of issuing divorce certificates. The statement should include the address of the husband’s ex-wife, thereby enabling the government office to give notices to her by registered post. It shall constitute an arbitration council within 30 days of receipt of notice for conciliation and, if possible, an appropriate settlement accepted by both parties.
The passing of this legislation was to secure women from an instant and unrecorded Divorce that men use for their advantage.
After Divorce or Separation
When it comes to rights after a divorce, both spouses have their respective rights. Whenever an Islamic marriage occurs, the contract involves alimony for the bride-to-be. Both the families decide the maintenance by negotiating and keeping in mind the husband’s financial status. Alimony also includes the following factors: the former spouse’s age and physical and emotional states, followed by the periodic length an individual might need to become financially stable after a divorce either by education or training to attain self-sufficiency. The standard of living of both spouses before the Divorce, the length of the marriage, and most importantly, the ability of the liable spouse to support the recipient and still support themselves.
Suppose both the spouses share personal business and properties that they have established and purchased while married to each other. In that case, the division of assets is to be taken care of equally, although it’s not always divided equally as both spouses are obligated to share their income and debts. It’s essential to seek help from Property Advocates or a Real Estate Lawyer.
A term that denotes Equitable Distribution means a fair division of assets. When marital property divides equally, it is distributed between the two spouses as somewhat as the court proceedings conclude or on the word on the Judge handling the individual case of Divorce. However, the court’s decision may not always offer a conclusion with an equal division as the financial condition of both spouses is considered. If the couple has children, whichever spouse the court directs child custody, that spouse will have a larger share of the assets to support children. The couple needs to seek divorce help before opting for a divorce with a reputed Family Divorce Lawyer.
How Mavens Helps
As Mavens, an authentic Family Law Firm and Family Law center, we offer our clients detailed and thorough consultations and advice regarding Divorce Law, Islamic Divorce Law, and Divorcing Procedures. Our Divorce Lawyers and Divorce Attorneys are classified as experienced professionals when it comes to complex procedures and proceedings of the court. A divorce is already an arduous process that most couples go through; we offer our clients the best possible solutions and services to feel relaxed by the legal issues faced in a divorce.