How to Get Divorce in Bangladesh

Every year, thousands of Bangladeshi people go for divorce. According to reports, the divorce rate per 1,000 individuals surged from 0.7% in 2021 to 1.4% in 2023. But the majority of these divorces aren’t done following the laws.

So, how to get a divorce in Bangladesh? In this article, we’ll walk you through the process! If you need more information on getting a divorce in Bangladesh, contact Legal Advice BD!

Understanding the Laws for Divorce in Bangladesh

Divorce in Bangladesh depends on the religion followed by the couple. The three main legal frameworks are:

The Muslim Family Laws Ordinance, 1961
The Dissolution of Muslim Marriages Act, 1939
The Special Marriage Act, 1974

Practical Steps To File For Divorce In Bangladesh

Initiating the Process: Grounds for Divorce

Both spouses can seek divorce in Bangladesh. Here’s a breakdown of the common grounds for divorce under each legal framework:

For Muslim Spouses:

Talaq: A husband can initiate divorce by saying “talaq” (divorce) verbally or in writing to his wife. But he can only do that following certain processes. The husband should report it to the chairman of the Union Parishad or any other official person.
Khula: A wife is entitled to go to court to seek the dissolution of the marriage if her husband has not been providing the basic needs of the marriage. If he is abusive or has a long-term illness, the wife has the right to separate.
Mutual Consent: Both spouses can agree to a mutually consented divorce through a court process.

For Non-Muslim Spouses under the Special Marriage Act

Adultery: If one spouse commits adultery.

Cruelty: If either partner becomes physically or verbally assaultive to the other, then s/he must not be allowed to continue with the stay.
Desertion: If one of the spouses deserts the other for an uninterrupted time and lasts for at least three years.
Imprisonment: Such events include cases where one of the spouses is given a term of imprisonment of over seven years.
Insanity: If one spouse is suffering from any disease and the same is of incurable insanity wherein the circumstances continue for at least three years.
Living Separately: If the spouses have not been living together for at least 3 years and have agreed to this or 2 years without agreeing to do so.

Practical Steps to File for Divorce in Bangladesh

Here’s how you can easily file a divorce –

Seek Legal Advice: Talk to a lawyer who’s an expert in family law. Now, you can understand your rights and options.
Documentation: Gather all necessary documents, marriage certificates, evidence of grounds for divorce, and financial records. You need proper records for a smooth legal process.
File the Petition: You have to submit the divorce petition to the appropriate court or authority. This petition should clearly state the grounds for divorce and include all relevant documents.
Attend Court Hearings: You are required to attend all the legal cases and sit at the courts. This will give an affidavit, and whenever the judge asks something, testify.
Follow Court Orders: Comply with all maintenance orders tendered by the court as far as the custody of children or the distribution of property is concerned. Lack of compliance has repercussions which are usually stated from a legal point of view.
Emotional Support: Some organizations you can contact include support groups or counselors. Counseling services include emotional support that enables the client to endure stress and make proper decisions.

How to Get a Divorce in Bangladesh

The specific steps of a divorce depend on the legal framework. Here’s a general outline of the process:

Consultation: Firstly, consult with a lawyer who specializes in family law. He can guide you on your own case. Here, you will find out the governing legal statutes and what actions you should take.
Notice and Reconciliation Efforts: The court may give a notice of divorce to the other spouse. In certain circumstances, the problems mentioned above must be tried to be resolved before filing a legal divorce.
Court Proceedings: If you and your spouse fail to solve the problem as a couple, it is recommended to file a petition for divorce to the right court. The court may give a notice of divorce to the other spouse. In certain circumstances, the problems mentioned above must be tried to be resolved before filing a legal divorce.
Finalization: The parties to a divorce case have to obtain a copy of the decision which must be a certified copy. This document acts as evidence in a legal matter that the couple has decided to go their separate ways.

Handling a Divorce: How to Deal with Difficult Times

This help guide is designed to help you understand how to cope with these difficult times and what to do during these times.

Bangladesh National Legal Aid Services Trust: You can get free legal aid if you’re a low-income person looking for divorce advice.
NGOs focused on Women’s Rights: There are many NGOs in Bangladesh that are involved in working for women’s rights and helping women with their legal as well as financial troubles after divorce. Legal advice or counseling can be given to one.
Therapists and Counselors: Remember you are always able to consult with a professional therapist or counselor! This will help you to address the psychological aspects that come with the condition.

Some Legal and Social Considerations for Divorce

After getting a divorce, you should keep some social and legal aspects in mind. Here’s what you need to consider –

Legal Considerations

Child Custody: You need to take proper care of your children after divorce. Courts make sure that the decision is in the child’s favor. They keep the child’s age, health, and emotional ties to each parent in mind. For more detailed information on child custody, you can refer to Child Custody After Divorce in Bangladesh
Maintenance and Alimony: The spouse and children may receive financial support. The amount depends on the financial status and needs of the parties. It can include monthly allowances or a lump-sum payment.
Division of Property: The marital property is equally distributed. Courts ensure a fair division based on contributions and needs. This includes both assets and liabilities acquired during the marriage.

Social Considerations

Stigma and Social Pressure: Divorce can carry a social stigma, especially for women. This can affect their social standing and prospects. Sometimes you might need social support and counseling to cope with societal pressures.
Emotional Impact: Divorce can be emotionally stressful for both you and your spouse. Feel free to seek counseling or help from support groups!
Future Relationships: You need to form new relationships and social circles to rebuild your life after divorce. Make sure to take time to heal and adjust before entering new relationships.

Final Words

Getting a divorce in Bangladesh involves navigating a complex legal landscape influenced by religious and statutory laws. Understanding the specific procedures under different personal laws is crucial for a smooth and legally compliant divorce process.

Since this process can be challenging for many, we recommend taking professional help from Legal Advice BD!