Divorce, while emotionally challenging, is a legal right available to both men and women in Bangladesh. Whether you’re facing irreconcilable marital differences or dealing with neglect, cruelty, or abandonment—understanding how to legally file for divorce in Bangladesh is essential for protecting your rights and ensuring a smooth transition.
In this comprehensive guide, we will walk you through the legal process of divorce in Bangladesh—covering applicable laws, required documents, step-by-step procedures, timelines, and key considerations.
Table of Contents
Legal Grounds for Divorce in Bangladesh
Under Muslim Personal Law:
Muslim divorce procedures in Bangladesh are governed primarily by:
- The Muslim Family Laws Ordinance, 1961
- Shariah-based personal law on talaq and khula
- Family Court Ordinance, 1985
There are two major types:
- Talaq (Divorce initiated by the husband)
- Khula (Divorce initiated by the wife with consent or through the court)
For Non-Muslims:
Hindus, Christians, and Buddhists follow different personal laws:
- Hindu Law: Divorce is not legally recognized under classical Hindu law in Bangladesh. Legal separation is extremely limited.
- Christian Divorce: Governed under the Christian Divorce Act, 1869
- Special Marriage Act, 1872: Applicable to civil marriages or interfaith unions
This article primarily focuses on Muslim divorce procedure, which is the most commonly followed process in Bangladesh.
Step-by-Step Process: How to File for Divorce in Bangladesh (Muslim Law)
Step 1: Declaration of Intent to Divorce
For a husband initiating talaq, a verbal or written declaration is made by pronouncing “talaq” once (single irrevocable) or thrice (triple talaq). However, only verbal declaration has no legal effect until it is officially notified.
For a wife seeking khula, she must apply to the Family Court or seek mutual consent from the husband to obtain divorce.
Step 2: Sending Written Notice to Chairman
As per Section 7 of the Muslim Family Laws Ordinance, 1961, the divorcing party must:
- Prepare a written notice of divorce
- Send it to the Chairman of the local Union Parishad, Municipality, or City Corporation
- A copy must also be sent to the spouse (opposite party)
Important: Divorce is not legally valid without this written notice—even if verbally declared.
Step 3: Formation of Arbitration Council
Once the notice is received, the Chairman forms an Arbitration Council consisting of:
- The Chairman himself/herself
- One representative from the husband
- One representative from the wife
The goal of this council is to attempt reconciliation.
Step 4: 90-Day Waiting Period (Iddat)
A divorce does not take effect immediately. As per law:
- There is a mandatory 90-day waiting period from the date the notice was served
- If the wife is pregnant, the divorce becomes effective only after the childbirth or 90 days—whichever is later
If reconciliation occurs during this period, the process can be withdrawn.
Step 5: Registration of Divorce
If reconciliation fails after 90 days:
- The divorce becomes legally effective
- A Divorce Registration Certificate may be issued by the local Nikah Registrar (Kazi)
- The party may then apply to the court for enforcement of dower, maintenance, child custody, or alimony if applicable
Required Documents for Divorce Filing
To file for and process a divorce, you typically need:
- National ID (NID) or birth certificate
- Marriage certificate (Nikahnama)
- Passport-sized photos
- Proof of residence
- Pregnancy report (if applicable)
- Grounds for divorce (if filed through court)
- Copies of legal notice and receipt of service
- Court fee payment slip (if applicable)
For court-based divorces (especially Khula), a petition must be drafted with relevant facts, allegations, and legal grounds.
Divorce by Mutual Consent
In cases where both spouses agree to divorce:
- They may sign a mutual divorce agreement
- Both should jointly submit the notice to the Chairman
- The 90-day waiting period still applies
- After that, the divorce becomes effective, and they can proceed with related legal matters (dower, custody, etc.)
Note: Even in mutual divorce, proper notification and council procedure are mandatory.
Divorce for Women (Khula Procedure)
If a wife wishes to initiate divorce without the husband’s consent:
- She may file a Khula Suit before the Family Court under Family Courts Ordinance, 1985
- Grounds may include cruelty, desertion, non-maintenance, mental harassment, or irreconcilable differences
- The court will summon the husband and try reconciliation
- Upon failure, the court may grant divorce after giving appropriate directions regarding dower return (if any), maintenance, and custody
Court fee and legal representation are generally required for Khula petitions.
What Happens After the Divorce?
After a divorce is finalized:
- Either party may seek maintenance, child custody, or division of property through the Family Court
- The woman must observe Iddat (waiting period)
- Children’s custody typically goes to the mother unless otherwise directed
- Either party may remarry after completion of legal process
FAQs about Divorce in Bangladesh
Can divorce happen without informing the Union Council?
No. A divorce is not legally valid unless notice is served to the Chairman and the 90-day period is completed.
Can I divorce my spouse without their consent?
Yes, but proper legal procedures must be followed—such as filing for Khula (by wife) or Talaq (by husband). Consent is not mandatory but due process is.
How long does it take to finalize a divorce?
Typically 90 days, if notice is served properly and no reconciliation takes place. Court-based divorces may take 3–6 months depending on the case.
Do I need a lawyer?
While sending a divorce notice can be done without legal help, court-based cases (Khula, custody, maintenance) require legal representation for best results.
Final Thoughts
Divorce is a sensitive personal decision—but navigating it legally can protect your dignity, rights, and future. Whether you’re initiating the divorce or responding to one, understanding the process, preparing your documents, and seeking legal advice can make the transition smoother.
At Chattogram Law Office, our experienced family lawyers assist clients with divorce filings, child custody, alimony, dower recovery, and more—ensuring your case is handled with care, confidentiality, and legal precision.