Divorce is one of the most sensitive legal processes a couple can face. In Bangladesh, how the divorce is handled depends significantly on the religion of the parties (Muslim, Hindu, Christian) and whether it’s initiated by one party or by mutual consent. This guide breaks down the key legal frameworks, procedures, required documents, timelines and rights of each spouse — in clear, non-technical language. If you’re considering a divorce or need to understand your rights, this guide will help you get started.
For Muslims in Bangladesh, the primary statutes are:
Muslim Family Laws Ordinance, 1961, governs notice, arbitration and waiting periods for divorce (talaq) by the husband.
Customary Islamic rules for khula (divorce initiated by wife) or other forms of separation.
For Christian marriages, the relevant law is the Divorce Act, 1869 which allows dissolution of Christian marriages under limited grounds.
Divorce options under Hindu personal law are very limited in Bangladesh; many Hindu marriages are registered under statutes but the law does not provide identical divorce rights as in Muslim law.
Because the majority of marriages in Bangladesh are under Muslim personal law, this article focuses primarily on the Muslim divorce procedure, while noting other forms where relevant.
Talaq: A husband’s right to divorce. Under Section 7 of the Muslim Family Laws Ordinance, he must give a written notice to the Chairman, copy to the wife, then wait 90 days (iddat) unless wife is pregnant.
Khula: A divorce initiated by the wife (often with return of mahr or by agreement) or via court petition when husband delegates the right.
Mutual Divorce / Mubarat: Both spouses agree and separately submit notice; simpler process, fewer steps.
If the wife does not have delegated rights under the marriage contract, she may seek dissolution by court on grounds such as cruelty, desertion, failure to maintain, impotency, or other lawful grounds.
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The husband must give a notice in writing of his intention to divorce to the Chairman of the Union Parishad / City Corporation / Municipality concerned, and provide a copy to his wife.
Within 30 days of receiving the notice, the Chairman must constitute an Arbitration Board/Council to attempt reconciliation between the parties.
The divorce (talaq) cannot be effective until after 90 days (or after childbirth if the wife is pregnant) from the date of the notice. This is called the iddat or waiting period.
Once the waiting period ends, if reconciliation fails, the divorce becomes essentially effective and must be registered. The local marriage registrar issues the divorce certificate.
For the divorce process under Muslim law, typical documentation includes:
Copy of marriage registration (Nikahnama).
Copy of National ID (NID) for husband and wife.
Copies of two male adult witnesses’ NIDs (for notice-procedure).
If the wife is pregnant: pregnancy certificate (to delay effect).
Affidavit (if required) and any agreement for mutual divorce.
The 90-day waiting period is mandatory for talaq once the notice is valid.
Mutual divorces may be completed more quickly because the waiting period may be shorter when both parties agree.
Government fee (approximate) for registrar: BDT 200 for registration of divorce under Marriages & Divorces (Reg) Rules, 1975.
Christian marriages: Under the Divorce Act, 1869, divorce is allowed under limited grounds and via court—requires petition, proof of grounds like adultery, conversion, bigamy, desertion.
Hindu marriages: Dissolution rights are very limited in Bangladesh—the law doesn’t provide full divorce rights as in other jurisdictions.
Skipping formal notice or wrong authority – If notice to Chairman/local authority is not properly issued, talaq may be invalid.
Failing to observe 90-day iddat or pregnancy rule – Divorce can only be effective after waiting period or childbirth if wife is pregnant.
Not registering the divorce – Without registration the parties may still be considered married for legal and social purposes.
Ignoring children and maintenance issues – Divorce is just one step; obligations like maintenance for children and dower remain.
Inadequate legal advice – Especially for foreign marriages or where cross-border issues exist, expert legal advice is essential.
When the wife wants to seek khula or divorce via court.
If foreign elements are involved (one spouse abroad, foreign marriage certificate).
If there are disputes over mahr, property or children.
If the marriage is under a different religion and special law applies (Christian/Hindu).
If you’re unsure of the jurisdiction or documents to use.
It usually takes a minimum of 90 days after the notice is issued. However, it can extend up to 6 months depending on the local authority’s schedule.
Not always. For Muslim divorces, the process is administrative (through local authorities). However, Christian and civil divorces require court proceedings.
Yes, but only if her Nikahnama grants the right (Talaq-e-Tafweez). Otherwise, she must seek Khula, which needs the husband’s consent.
No. Trade license permits local business activity at a premises. Company registration with RJSC creates a legal corporate entity. Many businesses need both.
Child custody decisions depend on the child’s age, welfare, and best interest, typically determined by a family court if disputed.
We provide full legal support for divorce matters in Bangladesh:
Review your marriage contract and legal rights.
Draft and serve formal notices for talaq or draft khula petitions.
Liaise with the Chairman/Union Parishad or City Corporation for formal notices and reconciliation.
Prepare and submit all paperwork for registration of divorce.
Advise on children’s custody, maintenance, mahr and post-divorce obligations.
Handle cross-border, foreign marriage, and religion-specific divorce issues.
If you are considering divorce in Bangladesh or want to understand your rights, book a consultation with our team today. We’ll help you evaluate your situation, determine the correct legal pathway (talaq, khula, mutual or court petition), prepare all required documents and guide you carefully through the process. We can give you the best solution tailored to your circumstances.
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