What is a Mutual Divorce?

Mutual divorce is likely the most amicable way to end a relationship. As the name suggests, it involves both parties agreeing on all aspects of the marriage's dissolution. These factors include alimony, dowry, Jehez (prenuptial gifts), monthly spousal maintenance, child maintenance, child support, medical and educational cost liability, child visitation, guardianship, and child custody, among others.

Mutual Divorce vs. Normal Divorce

The main difference between a mutual divorce and a normal divorce in Pakistan is that in a mutual divorce, all factors (as mentioned above) are stipulated and agreed upon by both husband and wife before they part ways. This contrasts with normal divorce methods (i.e., Talaaq from the man's side and Khulla from the woman's side), where hearings take place, evidence is presented, and it is up to the judge to decide the best interests and welfare of the minor. The judge considers who the child should stay with (the custodial parent) and the visitation schedule for the non-custodial parent.

6 Factors to Consider Before Proceeding

1. Dower or Haq Mehr Payment:

   • Dower and Haq Mehr is the amount paid by the man to the woman. In the case of Talaaq, the man must pay the entire amount, while in the case of Khulla, the woman forfeits 25% to 50% of this amount.
   • Often, divorces are delayed due to disputes over this amount, leading to family conflicts.
   • This amount does not always need to be paid. The wife may willingly forgo it, or the husband may give more, depending on their circumstances and understanding.

2. Spousal Maintenance/Alimony:

   • Generally, the wife is paid three months of maintenance during her iddat.
   • This is not a strict rule; the woman can waive this, or the man can pay for longer than three months, based on mutual understanding.

3. Marital Gifts:

   • Gifts given to the bride at the time of marriage (Jehez) are the absolute property of the wife.
   • Items belonging to the husband are considered "benefits" the wife may access during the marriage but must return after divorce.
   • These issues often burden the judicial system, from session courts to the Supreme Court.

4. Jointly Owned Assets:

   • Jointly owned items (assets, money in joint accounts, the house, etc.) are split during the divorce.

5. Child Custody and Visitation:

   • The biggest factor is deciding who the children will live with—joint custody or sole custody.
   • Visitation rights, financial support, decision-making responsibilities, and extended family visitation must be agreed upon.

6. Penalties for Breach of Agreement:

   • If one parent prevents the other from visiting their child or fails to pay agreed support, penalties must be outlined.
   • The agreement should consider the evolving needs of the children as they grow.

How to Proceed Once All Factors Are Decided

For a mutual divorce in Pakistan, once both partners agree to dissolve their marriage, a deed is drafted and signed in front of witnesses. There is no need to approach the courts for this matter, although they may be involved to record statements for good measure. Both the husband and wife must sign a mutual divorce deed and send a written notice to the concerned Union Council following Section 8 of the Muslim Family Law Ordinance 1961. The union council will follow the same procedure as in normal Talaq/Khulla proceedings before issuing a divorce certificate.

Speak to Us About Your Divorce in Pakistan Today!

Considering a mutual divorce? If you and your spouse seek legal assistance to ensure the process is handled efficiently and fairly, our legal experts are at your service. Contact us for a comprehensive legal consultation on divorce or a second opinion to make informed decisions throughout your divorce proceedings.

Emotional Support for Amicable Separations

Even a mutual divorce can evoke complex emotions. We offer confidential online therapy sessions with a qualified therapist who speaks English, Punjabi, and Urdu. Schedule an anonymous appointment today to discuss any concerns and receive support in navigating this transition with dignity and respect.

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