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Divorce in Bangladesh Step by Step Legal Process (2025 Update)

Divorce in Bangladesh Step by Step Legal Process (2025 Update)

Divorce in Bangladesh is a legal process that officially ends a marriage under the country’s personal and family laws. The procedure varies based on religion — for Muslims, it follows Islamic Shariah Law and the Muslim Family Laws Ordinance, 1961, while for Hindus, Christians, and others, separate laws apply.

This guide explains the complete divorce process in Bangladesh (for Muslims) — step by step, including legal requirements, notice procedure, documents, rights of husband and wife, and costs.

Legal Basis for Divorce in Bangladesh

For Muslims, the divorce process is governed by:

  1. Muslim Family Laws Ordinance, 1961
  2. Rules made under Section 7 of the Ordinance

For Christians – The Divorce Act, 1869
For Hindus – Hindu Marriage Registration Act, 2012 (limited provisions)
For Special Cases – The Family Courts Ordinance, 1985

Step-by-Step Divorce Process in Bangladesh (Muslim Law)

Step 1: Written Notice of Divorce (Talaq)

The husband or wife (if empowered) must issue a written notice of divorce known as a Talaq Notice.
It must be:

  • Written on a plain or legal paper.
  • Signed and dated by the person pronouncing Talaq.
  • Sent to the Chairman of the Union Parishad / City Corporation / Pourashava of the area where the marriage was registered or where the parties live.

Verbal Talaq is not valid under Bangladeshi law unless a written notice is served.

Step 2: Sending Copies of the Notice

  • A copy of the Talaq notice must also be sent to:
  • The other spouse (husband or wife).
  • The local Union Parishad Chairman or City Corporation office.
  • This must be done through registered post or by hand delivery with acknowledgment.

Step 3: Arbitration (Shalish) Period – 90 Days

After the notice is received, a 90-day arbitration period begins. The local chairman will form an Arbitration Council to try for reconciliation between the husband and wife. If reconciliation fails, the divorce becomes final and effective after 90 days.

If the wife is pregnant, the divorce does not become effective until after delivery.

Step 4: Divorce Certificate

Once the 90-day period ends and reconciliation fails, the local authority (Union Parishad/City Corporation) issues a Divorce Certificate.
This certificate is the official proof of divorce in Bangladesh.

How to Write Divorce Papers (Talaq Notice Format)

A valid divorce paper should include:

  • Name and address of both spouses
  • Date and place of marriage
  • Clear statement of Talaq declaration
  • Date of issuance
  • Signature of the person pronouncing Talaq
  • Witnesses (optional but recommended)

Divorce Cost in Bangladesh

The cost of divorce in Bangladesh depends largely on how the process is carried out and whether legal assistance is involved. If a husband or wife proceeds with a simple written Talaq without hiring a lawyer, the total expense usually ranges from BDT 500 to 1,000, mainly covering notice and postal charges. However, if the parties seek legal notice and lawyer assistance, the cost typically rises to around BDT 3,000 to 10,000, depending on the lawyer’s fees and document preparation. For a contested divorce or cases filed before the Family Court, the cost can be significantly higher — often between BDT 15,000 and 50,000 or more, based on the complexity of the case and length of hearings. Additionally, some local government offices may charge small administrative fees for registration or issuing a Divorce Certificate, which serves as the official proof of separation.

Rights of Husband and Wife After Divorce

After divorce in Bangladesh, both the husband and wife have specific legal rights and obligations under the Muslim Family Laws Ordinance, 1961.
For the wife, she is entitled to receive her full dower (Denmohor) and maintenance during the Iddat period, which generally lasts around three months. She also has the right to reclaim all her personal belongings and dowry items that she brought into the marriage. In cases involving children, the wife may seek custody and maintenance through the Family Court, depending on the best interest of the child.
For the husband, he is legally bound to pay the due dower and Iddat maintenance. However, he may reclaim his personal property that was not given as dowry. The husband also has the right to apply for child custody if he believes it serves the welfare of the child, though the final decision rests with the court.

Divorce by Wife (Talaq-e-Tafweez or Khula)

Under Bangladeshi law, a Muslim woman also has the legal right to dissolve her marriage in specific circumstances. If she was granted the right of Talaq-e-Tafweez in her Nikahnama (Clause 18), she may pronounce Talaq herself by following the same procedure as a husband. However, if that clause was not included, the wife can still seek a Khula divorce by filing a petition in the Family Court. In a Khula case, the wife usually agrees to return part of the dower (Denmohor) or reach a mutual financial settlement with her husband. Once the court approves and issues a decree, the marriage is considered legally dissolved.

Timeframe for Divorce in Bangladesh

The entire divorce process in Bangladesh usually takes about three to four months to complete. After sending the written Talaq notice, the Arbitration Council allows a 90-day period to attempt reconciliation between the husband and wife. If reconciliation fails and no further disputes arise, the Divorce Certificate is issued shortly after the 90-day period ends. The divorce becomes legally effective from that date, except in cases where the wife is pregnant, in which case the divorce becomes effective after childbirth.

Where to File or Get Help

Individuals can process their divorce through their local Union Parishad Office or City Corporation, especially in the area where the marriage was registered. In case of disputes or when seeking Khula, the matter should be filed in the Family Court. It is always advisable to consult a licensed family law lawyer in Bangladesh to ensure all legal procedures are followed correctly and both parties’ rights are protected.

Important Tips to Remember

When proceeding with divorce in Bangladesh, it is essential to follow the proper legal procedure. Always issue a written notice of Talaq, as a verbal declaration has no legal effect. Keep copies of all documents and postal receipts for future reference. Remember that the divorce only becomes effective after 90 days from the date of notice, and the Divorce Certificate issued by the local authority serves as the official and final proof of separation. Engaging an experienced family law specialist helps avoid future complications regarding dower, maintenance, and child custody.

Conclusion

The divorce process in Bangladesh is designed to be fair and transparent, ensuring the rights of both husband and wife are protected. By following the correct steps — issuing a Talaq notice, observing the 90-day arbitration period, and obtaining an official Divorce Certificate — the separation becomes legally valid. Understanding the legal rights, financial obligations, and child custody rules allows both parties to move forward with dignity and confidence while ensuring compliance with Bangladeshi family law.