How can a Bangladeshi execute a divorce from abroad?

How can a Bangladeshi execute a divorce from abroad?

If a Bangladeshi citizen obtains a divorce from abroad, the recognition and validity of that divorce in Bangladesh depend on several legal factors. Here’s a step-by-step guide on how to ensure that a foreign divorce is recognized in Bangladesh:

Understanding the Legal Framework

• In Bangladesh, the Muslim Family Laws Ordinance, 1961 (for Muslims) and the Divorce Act, 1869 (for Christians) govern divorce matters.
• For foreign divorces, The Civil Procedure Code, 1908 and principles of Private International Law apply.
• A foreign divorce decree must be recognized by Bangladeshi courts to be legally valid in Bangladesh.

Validity of Foreign Divorce in Bangladesh

A divorce granted abroad may be considered valid in Bangladesh if:

• The divorce was obtained in a country where both spouses had legal residence.
• The proper legal process of that country was followed.
• The divorce was not obtained fraudulently or unfairly.
• At least one party was domiciled in that foreign country at the time of divorce.
• The divorce does not violate Bangladeshi public policy.

STEPS TO RECOGNIZE A FOREIGN DIVORCE IN BANGLADESH

Step 1: Obtain the Divorce Certificate & Legal Documents

Ensure that you have:

• The divorce decree/certificate from the foreign court.
• A certified translated copy (if not in English or Bengali).
• Proof that both parties were notified and had a chance to present their case.

Step 2: Attestation & Legalization

• The foreign divorce certificate must be attested by the Ministry of Foreign Affairs in the issuing country.
• It should then be attested by the Bangladesh Embassy in that country.
• After bringing the documents to Bangladesh, they should be further attested by the Ministry of Foreign Affairs, Bangladesh.

Step 3: File for Recognition in a Bangladeshi Court

• If one party intends to remarry in Bangladesh or use the divorce for legal purposes, they may need to file a case in the Family Court or High Court for recognition.
• The court will verify whether the foreign divorce complies with Bangladeshi legal principles.

Step 4: Update Legal Records in Bangladesh

• Once recognized, the divorce should be updated in relevant records, such as:
  • Marriage Register (if applicable).
  • National ID (NID) & Passport records.

Special Considerations

For Muslims

• If a Bangladeshi husband pronounces Talaq abroad, it must comply with Section 7 of the Muslim Family Laws Ordinance, 1961, meaning:
  • A notice must be sent to the local Union Parishad Chairman in Bangladesh.
  • A 90-day period must pass before the divorce is effective.
  • If not done, the divorce may not be recognized in Bangladesh.

For Non-Muslims

• The Divorce Act, 1869 applies to Christians.
• Hindus have limited divorce rights unless governed by special laws.

When a Foreign Divorce May Not Be Recognized

• If the divorce violates Bangladeshi legal or religious norms.
• If proper legal notice was not given to the other spouse.
• If obtained in a jurisdiction where neither spouse was domiciled.
• If fraud, coercion, or lack of due process is involved.

Alternative: Filing for Divorce in Bangladesh

If there are legal complications with recognizing a foreign divorce, one party can file a fresh divorce petition in Bangladesh, following the applicable laws.

Conclusion

A foreign divorce can be recognized in Bangladesh if proper legal procedures are followed, including attestation, court validation, and compliance with Bangladeshi family laws. To ensure smooth processing, consulting a Bangladeshi family lawyer is recommended.