Divorce from Pakistan

[Rashid555]

Hi, I was married to a girl in Birmingham but it didn't work and I had to come back to Pakistan in 2016.
We are not in contact, It's nearly 3 years now. I am going to marry again with a girl from England, do I need English divorce or can I use Islamic divorce as a proof. I have also contacted a Solicitor and he suggested to get some certificate from the Union Council in Pakistan and when I contacted our union council they had no clue about it. Kindly someone guide me about it.
TIA

[Jhelumi]

Hi, I was married to a girl in Birmingham but it didn't work and I had to come back to Pakistan in 2016.
We are not in contact, It's nearly 3 years now. I am going to marry again with a girl from England, do I need English divorce or can I use Islamic divorce as a proof. I have also contacted a Solicitor and he suggested to get some certificate from the Union Council in Pakistan and when I contacted our union council they had no clue about it. Kindly someone guide me about it.
TIA

Hello,

If you intend to divorce your first wife, you need to get divorced in Pakistan through the family court.

The local Nikkahkhuwan / Imam will check your divorce certificate and arrange for your Nikkah to take place and provide you with an Urdu Nikkahnama.

You will then need to take your Urdu Nikkahnama and have it registered at the local Union Council. They will issue a Marriage Registration Certificate which is in both Urdu and English.

The UK does not recognise "Islamic divorce".

[Casa]

Where did your marriage take place? In the UK or Pakistan? Is your wife British?

[Rashid555]

Hi, I was married to a girl in Birmingham but it didn't work and I had to come back to Pakistan in 2016.
We are not in contact, It's nearly 3 years now. I am going to marry again with a girl from England, do I need English divorce or can I use Islamic divorce as a proof. I have also contacted a Solicitor and he suggested to get some certificate from the Union Council in Pakistan and when I contacted our union council they had no clue about it. Kindly someone guide me about it.
TIA

Hello,

If you intend to divorce your first wife, you need to get divorced in Pakistan through the family court.

The local Nikkahkhuwan / Imam will check your divorce certificate and arrange for your Nikkah to take place and provide you with an Urdu Nikkahnama.

You will then need to take your Urdu Nikkahnama and have it registered at the local Union Council. They will issue a Marriage Registration Certificate which is in both Urdu and English.

The UK does not recognise "Islamic divorce".

Thanks for the reply, I was actually married in UK but now I am in Pakistan. All I want to know is how should I proceed with the divorce and if I get divorce certificate from my local union council, can I use that certificate as proof when I apply again for spouse Visa?

[Rashid555]

Where did your marriage take place? In the UK or Pakistan? Is your wife British?

Thanks for the reply.
My marriage took place in UK and yes my ex Wife was British.

[seagul]

In my view alternatively if your ex UK wife proceed from UK then it may be more quicker since you both already be separated from at least 2 years. Speak to her.

[Frontier Mole]

You need to divorce your wife in the UK courts as a Pakistan divorce decision is not going to be acceptable in the UK for the purposes of gaining another spouse visa.

The question is will your wife agree to the divorce or cooperate with you so you can divorce her at your cost.

[Jhelumi]

You need to divorce your wife in the UK courts as a Pakistan divorce decision is not going to be acceptable in the UK for the purposes of gaining another spouse visa.

The question is will your wife agree to the divorce or cooperate with you so you can divorce her at your cost.

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

Where did your marriage take place? In the UK or Pakistan? Is your wife British?

Thanks for the reply.
My marriage took place in UK and yes my ex Wife was British.

How did you leave this country? Was your visa revoked? Were you deported or voluntarily left the country due to marital breakdown?

[seagul]

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

For an uncontested divorce neither of the party need to attend any court in UK because its all paper based through post. Op should try to agree on it with his ex which will also go into her benefit too because she will be free too for marrying again.

[Frontier Mole]

As Seagull states. There is no requirement to attend in court, most divorces are undertaken without either party present. The only time it is a requirement is where there is some form of contested divorce or where custody of children is disputed.

The OP could even engage an online divorce lawyer service or even conduct it themselves from Pakistan. The main point is that he discusses it with his current wife and agrees all the issues / concerns up front. Then if it is not contested then it will be at a minimum cost and it will be quick too.

[Rashid555]

You need to divorce your wife in the UK courts as a Pakistan divorce decision is not going to be acceptable in the UK for the purposes of gaining another spouse visa.

The question is will your wife agree to the divorce or cooperate with you so you can divorce her at your cost.

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

Where did your marriage take place? In the UK or Pakistan? Is your wife British?

Thanks for the reply.
My marriage took place in UK and yes my ex Wife was British.

How did you leave this country? Was your visa revoked? Were you deported or voluntarily left the country due to marital breakdown?

Exactly that's the point how can I apply for divorce since I am in Pakistan. I have contacted a solicitor and he said "Since you are not in UK, you can apply for a divorce certificate in Pakistan union council and you can use that certificate when you apply again for spouse Visa" but I am still confused as some of you guys said that English divorce is must.
I voluntarily left the country due to marital breakdown.

[Rashid555]

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

For an uncontested divorce neither of the party need to attend any court in UK because its all paper based through post. Op should try to agree on it with his ex which will also go into her benefit too because she will be free too for marrying again.

I am not in contact with my ex, can't I use the divorce certificate I get from my local union council? I am a little confused about it. A solicitor suggested me to get divorce certificate from union council and they will accept it when you apply for spouse visa again. and this process of getting divorce from union council is quick too.

[Jhelumi]

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

For an uncontested divorce neither of the party need to attend any court in UK because its all paper based through post. Op should try to agree on it with his ex which will also go into her benefit too because she will be free too for marrying again.

I am not in contact with my ex, can't I use the divorce certificate I get from my local union council? I am a little confused about it. A solicitor suggested me to get divorce certificate from union council and they will accept it when you apply for spouse visa again. and this process of getting divorce from union council is quick too.

Hello,

As far as I am aware, the dirvorce certificate (Divorce Registration Certificate) you get from the Union Council is valid in the UK as the marriage certificate (Marriage Registration Certificate) you get from the Union Council. Both certificates are in the same format i.e. printed in Urdu on the right side and English on the left side.

Someone with experience can confirm.

[CR001]

Hello,

How can he apply for a divorce in UK when he's in Pakistan? As I understand it, he won't be able to attend the court in UK.

For an uncontested divorce neither of the party need to attend any court in UK because its all paper based through post. Op should try to agree on it with his ex which will also go into her benefit too because she will be free too for marrying again.

I am not in contact with my ex, can't I use the divorce certificate I get from my local union council? I am a little confused about it. A solicitor suggested me to get divorce certificate from union council and they will accept it when you apply for spouse visa again. and this process of getting divorce from union council is quick too.

Hello,

As far as I am aware, the dirvorce certificate (Divorce Registration Certificate) you get from the Union Council is valid in the UK as the marriage certificate (Marriage Registration Certificate) you get from the Union Council. Both certificates are in the same format i.e. printed in Urdu on the right side and English on the left side.

Someone with experience can confirm.

The OP got married in the UK not in Pakistan.