Family proceedings involving a party abroad carry difficulties that purely domestic matters do not: service on someone in another country, participation without attendance, and the practical question of what a Pakistani order is worth where the other party and the children are elsewhere.
These matters are handled with discretion and, wherever the law allows, with an eye to settlement. Contested family litigation is rarely the cheapest or quickest route to a workable outcome, particularly where children are involved.
What we act on
- Dissolution of marriage and khula before the Family Courts
- Dower (mehr), maintenance and past maintenance claims
- Custody, guardianship and visitation
- Recovery of dowry articles
- Nikah nama disputes, marriage registration and certification
- Obtaining documentation required by authorities abroad to recognise a Pakistani divorce
Acting without attending
Most steps can be conducted through an attested power of attorney, with affidavits sworn at the Pakistani mission where a court requires a statement from the party personally.
Family proceedings are, however, the category where personal attendance is most likely to be required at some stage — the Family Courts may direct a party to appear, particularly on custody and reconciliation. We tell you at the outset how likely that is in your matter rather than discovering it late.
Where the other party is abroad
Service on a party outside Pakistan is slower and more formal than domestic service, and doing it properly matters: an order obtained without valid service is vulnerable to being set aside later, which wastes the time it appeared to save.
Where children have been taken to or retained in another country, the position becomes considerably more complex and involves the law of that country as much as Pakistan's. Pakistan is not a party to the principal international instrument on child abduction, so outcomes turn heavily on the specific jurisdictions involved. We advise candidly on what a Pakistani order will and will not achieve in those circumstances, and will say when local counsel abroad is the more useful first step.
Recognition of a Pakistani divorce abroad
Overseas clients frequently need not only the decree but the documentation that authorities in their country of residence will accept — a certified decree, the effective certificate from the relevant Union Council, and attestation as that authority requires.
Whether a foreign authority recognises a Pakistani divorce is a question of that country's law, not Pakistan's. We obtain and attest the Pakistani documentation properly; whether it satisfies a particular foreign requirement should be checked with advisers there.
Common Questions
Frequently asked
Can I obtain a divorce in Pakistan while living abroad?
Yes, subject to the jurisdictional requirements being satisfied. Much of the process can be handled under a power of attorney, though the Family Courts may require personal attendance at some stage, particularly where custody or reconciliation is in issue.
Will a Pakistani divorce be recognised in my country of residence?
That is determined by the law of that country, not by Pakistani law. We ensure the Pakistani decree and the Union Council documentation are properly obtained and attested, and recommend confirming the recognition requirements with advisers where you live.
My spouse has taken our children to Pakistan. What can I do?
Guardianship and custody proceedings can be brought before the courts in Pakistan, and urgent relief is available in appropriate cases. Because Pakistan is not a party to the principal international child-abduction convention, the position depends substantially on the countries involved — take advice quickly and in both jurisdictions.
Can maintenance be claimed from someone living overseas?
An order can be obtained from the Family Courts, but enforcing it against a person and assets outside Pakistan is a separate question governed by the law where they reside. We will tell you plainly what an order is likely to achieve before you incur the cost of obtaining it.
Enquiries
Acting for you, from Karachi.
Almost every step can be conducted under a power of attorney, without your travelling. Tell us what the matter concerns.