Understanding the Divorce Process in Bangladesh
Navigating the end of a marriage is never easy. Beyond the emotional toll, the legal procedures in Bangladesh can often seem complex due to the reliance on personal religious laws.
In 2026, the divorce process continues to be governed by specific statutes based on your faith—Muslim, Christian, or Hindu. While the steps differ, the legal system generally prioritizes formal notification and offers a window for potential reconciliation.
This guide breaks down the procedures, timelines, and necessary documentation for divorce in Bangladesh.
1. Muslim Divorce Procedure
Governed by the Muslim Family Laws Ordinance, 1961
This is the most common divorce procedure in Bangladesh. It relies on a structured timeline to ensure both parties have time to rethink the decision.
Step 1: Pronouncement of Talaq The process begins when the husband pronounces talaq (divorce), either orally or in writing.
Note: A wife can also initiate this process if the power of divorce was delegated to her in the Nikahnama (Clause 18), known as Talaq-e-Tafweez.
Step 2: Serving the Written Notice Legally, the pronouncement alone is not enough. Within seven days of the pronouncement, a written notice must be sent to:
The Chairman of the Union Parishad (or Mayor of the City Corporation/Municipality).
A copy must be delivered to the spouse.
Step 3: The Arbitration Council Upon receiving the notice, the Chairman has 30 days to form an Arbitration Council. This council represents both sides and aims to bring about a reconciliation between the husband and wife.
Step 4: The Waiting Period (Iddat) A mandatory waiting period, known as Iddat, begins from the date the notice is served to the Chairman. This period lasts for 90 days (or three menstrual cycles).
Exception: If the wife is pregnant, the divorce does not become effective until the birth of the child or the 90-day period ends—whichever is later.
Step 5: Final Registration If the Arbitration Council fails to reconcile the couple after 90 days, the divorce becomes final. It must then be formally registered with a Nikah Registrar (Kazi).
Fee: The registration fee is minimal (approx. BDT 200), though other service charges may apply.
2. Christian Divorce Procedure
Governed by the Divorce Act, 1869
Unlike Muslim law, Christian divorce in Bangladesh is a strictly judicial process and must be finalized through a civil court.
- Step 1: Filing a Petition Either the husband or wife must file a petition for "Dissolution of Marriage" in the District Court or the High Court Division.
- Step 2: Trial and Evidence The court will serve a notice to the other spouse and conduct a trial. The petitioner must provide evidence proving grounds for divorce, such as adultery, cruelty, or desertion.
- Step 3: Decree Nisi (Provisional Order) If the court is satisfied with the evidence, it issues a Decree Nisi. This is a provisional order, meaning the divorce is not yet final.
- Step 4: Decree Absolute After a mandatory waiting period of six months from the Decree Nisi, the court issues the Decree Absolute. This document legally finalizes the divorce.
3. Hindu "Divorce" and Separation
Governed by Traditional Hindu Law & The Family Courts Ordinance, 1985
Traditional Hindu law in Bangladesh views marriage as a sacred, indissoluble bond. Therefore, there is no standardized provision for a full "divorce" as seen in other religions.
Legal Separation Instead of divorce, couples usually seek Judicial Separation. Under the Hindu Married Women's Right to Separate Residence and Maintenance Act, 1946, a wife can seek separate residence and maintenance if she faces cruelty, desertion, or if the husband remarries.
Family Court Petition Couples may file for Dissolution of Marriage under the Family Courts Ordinance, 1985. However, technically, the outcome is usually a judicial separation rather than a dissolution that allows for remarriage, though legal interpretations are evolving.