Divorce is a legal process that officially ends a marriage. In Bangladesh, obtaining a divorce certificate is necessary to validate the dissolution of a marriage under the country’s laws. Whether the divorce is initiated by the husband, wife, or mutually agreed upon, specific legal procedures must be followed.
This article provides a detailed guide on how to get divorce certificate in Bangladesh, covering legal requirements, the role of the Kazi office, court proceedings, required documents, and costs.
Understanding Divorce Laws in Bangladesh
In Bangladesh, divorce is governed by:
- Muslim Family Laws Ordinance, 1961 (for Muslims)
- The Divorce Act, 1869 (for Christians)
- The Hindu Marriage Act, 2012 (for Hindus)
- The Special Marriage Act, 1872 (for interfaith marriages)
For Muslim couples, the divorce must be officially registered at a Kazi office or municipal authority to receive a divorce certificate.
Step-by-Step Process to Obtain a Divorce Certificate in Bangladesh
To legally obtain a divorce certificate, follow these essential steps:
Step 1: Send a Written Divorce Notice
The spouse initiating the divorce must send a written notice of divorce to:
- The other spouse.
- The local Chairman/Union Parishad/City Corporation/Municipality.
This notice must be sent by registered post or delivered in person.
Step 2: Attend Arbitration Meetings
Once the Union Parishad/City Corporation receives the notice, they arrange three arbitration meetings within 90 days to attempt reconciliation.
- If reconciliation is successful, the divorce process is stopped.
- If unsuccessful, the divorce becomes effective after 90 days.
Step 3: Obtain the Divorce Registration Certificate
After 90 days, the divorce is legally recognized, and the divorcing spouse must:
- Register the divorce at a Kazi office (for Muslims) or municipal office.
- Submit the divorce notice along with the necessary documents.
- Pay the applicable government fees.
The Kazi office or local government office then issues an official divorce certificate.
Documents Required for a Divorce Certificate in Bangladesh
To obtain a divorce certificate, you must provide the following documents:
- National ID cards (NID) or passports of both spouses
- Marriage certificate (Nikah Nama) or registration document
- Divorce notice copy
- Photographs (passport size)
- Receipt of notice delivery to local government authority
- Copy of arbitration meeting records (if available)
Failure to submit any of these documents may delay the issuance of the certificate.
Role of the Kazi Office in Divorce Registration
For Muslim couples, the Kazi office plays a crucial role in divorce proceedings.
- The Kazi records the divorce in their register.
- Issues an official divorce certificate recognized under Bangladesh law.
- Ensures the divorce follows Islamic legal guidelines.
It is important to visit a licensed Kazi office to ensure the divorce is legally valid.
Court Divorce Process in Bangladesh
In some cases, especially for contested divorces, legal proceedings in court are necessary.
When is Court Divorce Required?
- If the spouse refuses to accept the divorce notice.
- If one party does not agree to the divorce.
- If a woman seeks divorce under Khula (Islamic divorce by wife).
- If there are child custody or property disputes.
Steps for Court Divorce:
- File a divorce petition in the Family Court.
- Attend court hearings and provide necessary evidence.
- If the court approves, an official divorce decree is issued.
- Register the decree at the municipal office/Kazi office.
- Receive the certified divorce certificate.
Court divorces may take 6 months to 1 year, depending on the complexity of the case.
Divorce Fees and Processing Time in Bangladesh
Divorce Registration Fees:
- Kazi Office Fees: BDT 5,000 – 15,000 (varies by location)
- Court Divorce Fees: BDT 10,000 – 50,000 (including lawyer fees)
Processing Time:
- For simple divorce cases: 90 days (as per law)
- For court divorces: 6 months – 1 year
Divorce Certificate Verification in Bangladesh
Once you receive the divorce certificate, it is important to verify its authenticity.
- Check the seal and signature of the issuing authority.
- Verify the registration number with the Kazi office or local government.
- Ensure the document is correctly recorded in government records.
This verification is crucial for legal use in property disputes, remarriage, and overseas documentation.
Frequently Asked Questions (FAQs)
Can a Wife Initiate Divorce in Bangladesh?
Yes. A wife can initiate divorce through Talaq-e-Tafweez or Khula, following the same legal procedure.
How Long Does It Take To Get A Divorce Certificate?
For a simple divorce, it takes 90 days. If court involvement is required, it may take 6 months to 1 year.
Do I Need A Lawyer To Get A Divorce Certificate?
For a mutual divorce, a lawyer is not mandatory. However, for court divorces, a lawyer is recommended.
Can I Remarry Immediately After Divorce?
For men: Yes, after receiving the divorce certificate. For women: A woman must complete Iddah (3 menstrual cycles or 3 months) before remarrying.
Where Can I Collect My Divorce Certificate?
You can collect the divorce certificate from: The Kazi office (for Muslim marriages) or The local municipality or city corporation.
Final Thoughts
Getting a divorce certificate in Bangladesh requires following a structured legal process to ensure the dissolution of marriage is officially recognized. Whether you opt for a Kazi office registration or a court divorce, obtaining a valid divorce certificate is essential for legal proof of separation.
For a smooth and hassle-free divorce process, consult a licensed Kazi office or a legal expert to ensure all legal formalities are properly completed.