The Divorce Consent Form is a critical legal document used in Pakistan when both spouses mutually agree to dissolve their marriage. This document, governed by Pakistani family law and Shariah principles, provides a structured framework for couples seeking divorce by mutual consent (known as 'khula' when initiated by the wife or 'mubarat' when mutually initiated). It must comply with the Muslim Family Laws Ordinance 1961 and related legislation, requiring proper witnessing, documentation of agreed terms, and registration with the Union Council. The form covers essential aspects such as financial settlements, property division, and child custody arrangements where applicable. It serves as both a legal record and a binding agreement, protecting the rights and obligations of both parties during and after the divorce process.
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1. Parties: Full legal names, CNIC numbers, and addresses of both husband and wife
2. Background: Details of the marriage including date, place of nikah, and registration number
3. Definitions: Key terms used in the document including legal and Islamic terminology
4. Declaration of Consent: Clear statement of mutual consent to divorce and type of divorce (khula/mubarat)
5. Terms of Divorce: Basic terms including effective date and type of dissolution
6. Financial Settlement: Agreement regarding dower (mehr) payment or waiver
7. Acknowledgment: Confirmation that both parties understand the consequences
8. Witnesses: Names and details of two Muslim witnesses as required by law
9. Execution: Signature block for parties, witnesses, and authorized official
1. Child Custody and Access: Used when the couple has children - details custody arrangements, visitation rights, and maintenance
2. Property Division: Used when there is joint property to be divided - details the division of assets and liabilities
3. Maintenance Arrangements: Used when post-divorce maintenance (nafaqa) is being agreed upon
4. Iddat Period Obligations: Used to specify arrangements during the mandatory waiting period
5. Non-Disclosure Agreement: Used when parties wish to maintain privacy about specific divorce terms
6. Future Dispute Resolution: Used to establish mechanism for resolving future disputes about divorce terms
1. Schedule A - Asset List: Detailed inventory of assets being divided between parties
2. Schedule B - Child Care Plan: Detailed parenting plan including education, healthcare, and religious upbringing
3. Schedule C - Financial Obligations: Detailed breakdown of financial responsibilities and payment schedules
4. Appendix 1 - Marriage Certificate: Copy of original nikah nama (marriage certificate)
5. Appendix 2 - CNIC Copies: Copies of identity documents of both parties
6. Appendix 3 - Witness Declarations: Detailed witness statements and their credentials
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