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What steps to take when deciding that you want to divorce your partner in Bangladesh

Updated: Apr 3, 2023

Making the decision to divorce your partner is never an easy one. However, when it becomes clear that the relationship has broken down beyond repair, it may be the best option for both parties involved. In Bangladesh, the process of divorce is governed by the Muslim Marriage and Divorce Act 1974, which applies to Muslim marriages in the country. If you have decided that you want to divorce your partner in Bangladesh, here are some steps that you should take.

Seek Legal Advice

The first step that you should take when considering divorce in Bangladesh is to seek legal advice. You can consult with a lawyer who specializes in family law to get an understanding of the legal implications of divorce in Bangladesh. They will be able to explain the grounds for divorce, the process involved, and the rights and obligations of each party.

Choose Grounds for Divorce

In Bangladesh, there are several grounds on which a divorce can be granted. These include adultery, cruelty, desertion, impotence, conversion to another religion, insanity, and irretrievable breakdown of the marriage. You should choose the grounds on which you want to seek divorce carefully, as this will have an impact on the process and the outcome.

Attempt to Reconcile

Before filing for divorce, it is important to make an effort to reconcile with your partner. The Muslim Marriage and Divorce Act requires that both parties attempt to reconcile before seeking a divorce. You can seek the assistance of a mediator, a family member, or a counsellor to help facilitate reconciliation.

File for Divorce

If reconciliation is not possible, the next step is to file for divorce. The process of filing for divorce in Bangladesh involves submitting a divorce petition to the relevant court. The petition should contain details of the grounds for divorce and the relief that you are seeking.

Serve Notice

After the divorce petition has been filed, the court will issue a notice to your partner, informing them of the divorce proceedings. Your partner will have an opportunity to respond to the notice and contest the divorce if they wish.

Attend Court Hearings

Once the notice has been served, the court will schedule hearings to consider the case. You and your partner will be required to attend these hearings, during which evidence and arguments will be presented to the court.

Negotiate Settlement

If both parties agree to a divorce, you can negotiate a settlement agreement to resolve any issues related to property, finances, and children. A settlement agreement should be drafted and signed by both parties and submitted to the court for approval.

Obtain Divorce Decree

If the court is satisfied that the grounds for divorce have been met and that the settlement agreement is fair and reasonable, it will grant a divorce decree. The divorce decree is a legal document that officially ends the marriage.

Follow Up with Legal Obligations

After obtaining the divorce decree, both parties are legally obligated to follow the terms of the settlement agreement. If either party fails to comply with the terms of the settlement agreement, legal action can be taken to enforce it.

In conclusion, the decision to divorce your partner in Bangladesh should not be taken lightly. It is important to seek legal advice and attempt reconciliation before filing for divorce. If divorce is the best option, you should choose grounds carefully, file for divorce, serve notice, attend court hearings, negotiate a settlement, obtain a divorce decree, and follow up with legal obligations. The process of divorce can be emotionally and financially draining, so it is important to have a support system in place to help you through it.



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