Overseas Assets Count for divorce:
Many of the people want to know if overseas assets count for divorce in Pakistan or not. We want to inform you that, unlike other European countries, Pakistan does not have the law where the properties of the spouse are equally distributed between the spouses after the divorce in Pakistan. In Pakistan the property of a person is the property of that person only, and it remains his property only even after the divorce. In most of the European countries, the husband and wife are considered to be one person, so all the properties they buy between the span of their marriage are considered to be the combined property of the spouse. In those countries it does not matter if the wife or the husband has purchased it. This is not the law in Pakistan.
Dower Amount:
When a husband gives talaq in Pakistan to his wife, he is under an obligation to pay the dower amount only. The amount of dower is fixed at the time of marriage. The female can ask for any amount to be mentioned in the marriage certificate at the time of marriage, which the husband has to pay the wife if he gives her a divorce. If the husband divorces the wife and does not pay the dower amount, the wife can file the suit for this amount in the family court. The wife can sue only for this amount but cannot claim any part of the property of the husband even if he has purchased it during the marriage. Even if the wife applies for khula in Pakistan, she cannot ask for the share in the property of the husband, and the same rule also applies to the husband.
If Wife File Case in Country?
If the wife files the case in a country other than Pakistan and that country has the law that the property will be equally divided between the spouses after the divorce, and if she succeeds in obtaining the decision in her favor, then she can get that court decree of that country executed in Pakistan. To execute that court order in Pakistan, she doesn’t have to obtain the divorce certificate from Pakistan.
If Property not in Pakisan?
If the property is not in Pakistan but the property is in the country where there is the law that the properties are equally divided between the spouses, then she can have the share in the property of her husband if she files the case there. In Pakistan this is not the law.
If the spouse is living abroad and the marriage is also registered abroad, but the husband or the wife has purchased the property in Pakistan, then you can include the property in Pakistan in the list of properties of your spouse and file a case in that country. In Pakistan the wife also has the right to mention any property or share of property of the husband as her haq mehar, which the husband is bound to pay at the time of divorce. In case of nonpayment, the wife can sue the husband.
