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Separation agreement between husband and wife (Called as Talaq-e-Mubarat or Mutual Divorce Deed)

Separation agreement between husband and wife (Called as Talaq-e-Mubarat or Mutual Divorce Deed)

There are multiple ways to start the marriage dissolution process for Muslim Married couples under the Muslim Family Laws of Pakistan. Below is the list of three different methods to initiate a divorce process of a Muslum marriage in Pakistan:-

  1. Divorce by Husband
  2. By the way of Khulla through Family Court
  3. Mutually drafted Divorce Deed

A separation agreement sample between husband and wife (Talaq-e-Mubarat) which is called Mutual Divorce Deed as well is copied below for the reference of our readers. However, we must advise consulting with an experienced Family Lawyer to avoid any mistakes/errors which may lead you to irreversible losses.

MUTUAL DIVORCE DEED

WHEREAS A MARRIAGE CONTRACT was entered into on: _________________ at __________________ between Mr. _______________ S/o ________________, NIC #: _________________ R/O ……………………………………………………………., District Islamabad of one part, and Mst. ___________________ D/O ________________  R/O ………………………………………………………………………., District Islamabad of the other part.

AND WHEREAS the parties have mutually agreed upon to dissolve their marriage on their free consent on the following terms and conditions:

  1. The first party can meet with the minor children on every alternate Saturday, twice a month.
  2. Whereas child custody remains with the second party.
  3. Child custody would remain with the second party even in case of remarriage of the second party.
  4. The first party can meet with the minor children on the house of maternal grandparents.
  5. Due to the fact that sisters of the second party reside in Australia and the nature of her job requires frequent travelling thus the minor children can travel within Pakistan or abroad with the second party. For every such visit, prior permission from the first party would not be needed.

HENCE THIS MUTUAL DIVORCE DEED WITNESSES that Mr. _______________ S/o ________________, NIC #: _________________, and Mst. ___________________ D/O ____________________________ NIC #: ________________________, District Islamabad is final.

  1. That hence this day the wedlock relation between both parties has been revoked forever.
  2. That both parties are free from wedlock relation from each other.
  3. After expiration of the period of Iddat and arbitration proceedings by the Arbitration Council, it shall be lawful on the second party to contract marriage with whoever she may choose to do so.

IN THE WITNESS WHEREOF the parties have subscribed their respective hands here at Islamabad on the day _______ of the __________ month of the year 2020.

1st Party                                                                                                                2nd Party

Name: _____________________                                                         Name: ________________________
NIC #: _____________________                                                         NIC #: ________________________

Signature: _____________________                                                  Signature: ________________________

WITNESSES: 

1……………………………………………………..                                                        2……………………………………………………..
NIC #: _____________________                                                          NIC #: ________________________