How Can a Bangladeshi Muslim Living in the USA Get Divorced in Bangladesh?

For many Bangladeshis living in the United States, divorce can raise a simple but important question: If a Bangladeshi Muslim couple married in Bangladesh now lives in the USA, can the husband obtain a divorce under Bangladeshi law without returning to Bangladesh?

The short answer is that it may be possible, but the procedure must be followed carefully. Where the husband and wife are living, where the marriage was registered, how notice is served, and whether the divorce also needs to be recognized in the United States can all matter.

This article explains the basic issues in plain language.

Divorce under Bangladesh Muslim law

For a Muslim husband seeking to end a marriage through talaq, Section 7 of the Muslim Family Laws Ordinance, 1961 sets out important procedural requirements.

After pronouncing talaq, the husband must give written notice to the appropriate local Chairman and provide a copy of the notice to the wife.

The talaq does not ordinarily become effective immediately. The law provides a 90-day period from the date the notice is delivered to the Chairman. During this period, an Arbitration Council is to be constituted and reconciliation efforts are to be made.

Therefore, simply saying “I divorce you” or sending an informal message to the wife should not be treated as completing a legally effective Bangladesh divorce.

What if the husband lives in the USA?

Living in the United States does not necessarily mean that the husband must travel to Bangladesh to begin the Bangladesh divorce process.

The Bangladesh-side formalities can, depending on the circumstances and the requirements of the relevant authorities, be handled with assistance from a lawyer or an authorized representative in Bangladesh.

However, the husband should not assume that a general Power of Attorney gives another person unlimited authority to pronounce talaq on his behalf. A POA for divorce-related administrative matters should be drafted carefully and should comply with the requirements of the relevant Bangladesh authority.

The safest approach is to have a Bangladeshi family-law lawyer review the proposed documents before they are signed or submitted.

When both husband and wife live in the USA

This situation requires particular care.

Suppose a Bangladeshi Muslim couple married in Bangladesh and both now live in the United States. The husband wants to end the marriage under Bangladeshi law.

He may be able to initiate the Bangladesh talaq process without physically returning to Bangladesh. However, the required notice to the Chairman and the copy of the notice to the wife must be properly prepared and documented.

It is especially important to maintain evidence showing:

1.   that the husband properly pronounced talaq;

2.   that written notice was sent to the appropriate Chairman in Bangladesh;

3.   that a copy was provided to the wife;

4.   when and how the wife received the notice;

5.   who handled the Bangladesh-side formalities; and

6.   what documents were issued after completion of the process.

After the statutory process is completed, the relevant Muslim Marriage Registrar or Kazi can handle the applicable registration and documentation, including issuance of a Talaknama, where appropriate.

But there is another important issue. If both spouses live in the United States, they may also need a divorce under the law of the U.S. state where they reside. A Bangladesh talaq should not automatically be assumed to settle every issue concerning their marital status in the United States.

When the husband lives in the USA and the wife lives in Bangladesh

This can be procedurally easier because the wife is physically in Bangladesh.

The husband can initiate the talaq process from the United States and arrange for the required notice to be submitted to the appropriate Chairman in Bangladesh. The wife can receive her copy of the notice in Bangladesh, and the Arbitration Council process can take place there.

The husband may appoint a lawyer or another authorized person to handle permitted administrative matters in Bangladesh.

Again, the authorization should be limited to matters the representative is legally permitted to handle. It should not simply state that the representative has unrestricted authority to divorce the wife on the husband’s behalf.

When the husband is in Bangladesh and the wife is in the USA

The Bangladesh procedure can also be initiated in this situation, but service of the required notice on the wife becomes particularly important.

The husband should ensure that the wife receives the required copy of the notice and that there is reliable evidence of delivery.

This evidence can become important if the wife later claims that she never received the notice or challenges the validity of the divorce procedure.

What happens during the 90-day period?

The 90-day period is not simply a waiting period.

Under Section 7 of the Muslim Family Laws Ordinance, an Arbitration Council is to be formed with the purpose of attempting reconciliation between the spouses.

If reconciliation does not take place, the divorce can become effective after the statutory period, subject to compliance with the applicable legal requirements.

The exact calculation of the relevant period and the procedural requirements should be confirmed by a Bangladesh family-law lawyer in the particular case.

What is a Talaknama?

A Talaknama is a divorce certificate/document relating to a Muslim divorce in Bangladesh. The U.S. Department of State’s Bangladesh civil-document information identifies the Talaknama as the document associated with Muslim divorce and states that it is issued through the Muslim Marriage Registrar’s Office.

The parties should keep the original divorce documentation safely because it may later be needed for marriage, immigration, family, property or other legal purposes.

What about a Power of Attorney from the USA?

A person in the United States may need a Power of Attorney if someone in Bangladesh is going to handle permitted administrative matters on his or her behalf.

But this is an area where people should be careful.

A U.S. notarization does not automatically mean that the document will be accepted for every purpose in Bangladesh. Depending on the circumstances, authentication or consular procedures may be required.

For Bangladeshis living in Florida, the Bangladesh Consulate General in Miami is the relevant mission for many consular matters. Its requirements should be checked before signing a POA.

More importantly, because this is a divorce matter, the wording of the POA should be reviewed by a Bangladesh lawyer and, where applicable, the relevant Bangladesh mission before execution.

Bangladesh divorce and U.S. divorce are not necessarily the same thing

This is perhaps the most important point for Bangladeshis living in America.

A person may complete a divorce procedure under Bangladesh law, but that does not automatically answer every question under U.S. law.

For example, spouses living in the United States may have questions concerning:

1.   their marital status under state law;

2.   division of property;

3.   debts;

4.   child custody and support;

5.   immigration matters;

6.   tax issues; and

7.   recognition of a foreign divorce judgment or divorce document.

The rules vary from state to state.

For that reason, a couple living in the USA should consider obtaining advice from a family-law attorney in the relevant U.S. state as well as a Bangladesh family-law lawyer before deciding which divorce route to use.

What if the couple first gets divorced in the USA?

That is a different legal situation.

A divorce judgment issued by a U.S. court is a foreign judgment from the perspective of Bangladesh. Whether and how it will be recognized in Bangladesh can depend on Bangladesh law and the circumstances in which the foreign judgment was obtained.

Bangladesh’s Civil Procedure Code contains provisions concerning foreign judgments, including questions involving jurisdiction, natural justice and other legal requirements.

Therefore, someone who has already obtained a U.S. divorce should not assume that simply possessing the U.S. divorce decree automatically resolves the person’s legal status under every aspect of Bangladesh law.

Do you need to go to Bangladesh?

Not necessarily.

A Bangladeshi Muslim husband living in the United States may be able to initiate and complete the Bangladesh-side talaq process without personally traveling to Bangladesh, depending on the circumstances and the requirements of the relevant authorities.

However, this does not mean that the husband can simply sign a general POA before a U.S. notary and consider the marriage dissolved.

The correct documents, notice, service, statutory waiting period, Arbitration Council procedure and registration requirements must all be considered.

A practical checklist

Before starting the process, a person should gather:

1. Bangladesh marriage certificate/Nikahnama.

2. Passport and/or NID information of both spouses.

3. Current addresses of both spouses.

4. Information about the Kazi or Muslim Marriage Registrar who registered the marriage.

5. Information about the appropriate local Chairman in Bangladesh.

6. Evidence of the husband’s talaq and the date it was pronounced.

7. Written notice to the Chairman.

8. Evidence that a copy was provided to the wife.

9. Any required Power of Attorney for permitted administrative work.

10. Final divorce documentation/Talaknama after completion of the applicable process.

The bottom line

For a Bangladeshi Muslim living in the United States, physical residence in America does not by itself prevent the person from initiating a divorce under Bangladesh law.

But the process should not be treated as an informal talaq. Section 7 of the Muslim Family Laws Ordinance, 1961 imposes specific notice and procedural requirements, including the 90-day period and reconciliation process.

The situation becomes more complicated when both spouses live in the United States because the couple may also need to address divorce and related matters under U.S. state law.

The safest course is to have the Bangladesh-side documents prepared or reviewed by a qualified Bangladesh family-law lawyer and, if both spouses are living in the United States, obtain advice from a family-law attorney in the relevant U.S. state as well.

This article is for general information only and is not a substitute for legal advice. Divorce law can depend on the facts of the individual case and the jurisdiction involved.