Divorce for visa holders

 

We not go marry to be divorced after, unfortunately it occurs. According to the Egyptian Law, women have the right to file for divorce with or without the cooperation of the husband. No need for the non-Egyptian spouse to come to Egypt for the process – it can be done by Power of Attorney to be used in court. That means that you can deligate all to us, and you not need to stay in Egypt or face your husband.

For Egyptians the law says: Women who seek divorce in Egypt have two options, fault-based or no-fault divorce (khula). Unlike men, women can only divorce by court action (tatliq). 

How long does it take to get a divorce in Egypt?

It takes from 3 month to 1 year for the divorce to be effective but at times it reaches 3 years in complicated cases.

Can a husband divorce his wife without her knowing?

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.

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Divorce from your Egyptian husband is only needed when you had a legalized orfi marriage, an official Egyptian marriage for Law, or a marriage that is also signed in in your own country. This is not the unmarried paper, you got from your Embassy for your Egyptian marriage. In fact European countries not recognize a marriage by Egyptian Law, so then the same counts in case of unofficial orfi contract: leave it and go home. Mostly this can bother your mind, and feelings towards your ex. So best to ask official divorce by Power of Attorney.

 

What you need to divorce?

First of all, it should be acknowledged that, of all lawful acts, divorce is the one most disliked in the eyes of Allah. This is the basic assumption by which Egyptian law operates, and this is an assumption upon which we have to base everything that follows.Women should know their rights and especially should be informed about the divorce that their husbands employ when parting with them. Two categories of divorce exist in Egypt:

1. Revocable divorce

2. Irrevocable divorce

The first kind of divorce happens when a couple have divorced twice (they remarry after one break-up). The second kind of divorce happens when this has happened three times. The woman becomes Haram for the former husband and has to marry another husband and divorce him before they can be reconciled with the former husband. This rule stems from the Quran: “divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness.” 

The difference between these two kinds of divorce is that in the case of revocable divorce the husband still has the right to come to the house of his wife in order to provide her with livelihood, but only in the course of her waiting period. The husband can still unilaterally–that is, without her consenting to do so – get the wife back if he decides to do so during the waiting period (Iddah) even if without her consent. In the eyes of the Sharia, or the law, the couple is still legally married during this period. An irrevocable divorce in Egypt, on the other hand, doesn’t allow the husband to visit—but he still has to supply money and food – and the husband cannot get the woman back as a wife. In both types of divorce the wife is entitled to inherit her husband’s belongings if he dies during the period of waiting. The time of waiting has different meanings for both types of divorce. The revocable divorce allows it to be revoked during this time, and also forbids the woman from marrying (even talking about marriage to others is considered Haram during this period). The irrevocable divorce, in turn, only requires the woman not to marry for three months. This is done so that it’s ascertained that the woman is not pregnant with a child from her ex-husband.Now that we know the difference between these two kinds of divorce, there’s a little caveat to explain. According to Egyptian law, divorce that happens before sex is different from divorce after the consummation of a marriage.If divorce precedes sexual relations, and the husband has bestowed gifts, money or anything else of material value on his bride, he has the right to get back half of it (50%). There’s also no waiting period and the husband cannot get the wife back without her consent. However, they can still marry with a new contract. If the divorce happens when the marriage is consummated, the husband cannot lay claim to any money or gifts.However, if a woman wants to win her freedom unilaterally (this type of divorce is called Khol3), she has to give back everything, rescinding her rights as a wife.The laws mentioned above are attested in the Quran: “And if ye divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (Is due to them), unless they remit it or (the man’s half) is remitted by him in whose hands is the marriage tie; and the remission (of the man’s half) is the nearest to righteousness. And do not forget Liberality between yourselves. For Allah sees well all that you do.”

“When you marry believing women, and then divorce them before you have touched them, no period of ‘Iddat have to count in respect of them: so give them a present. And set them free in a handsome manner.” Now that that’s clear, let’s concern ourselves with the general financial rights for women after divorce.

 

Divorce and money

The divorced woman retains the right to receive money from her ex-husband to obtain livelihood. This operates for a period of not less than two years and is carried out according to the ex-husband’s economic capabilities. The divorced woman retains the right to receive money from her ex-husband to obtain livelihood. This operates for three menstrual cycles of a woman or three calendar months. Deferred dowry is highly individual and this is managed according to the marriage contract. Division of materials depends on whether the couple made this list or not.

 

Children and domestic situation

The ex-husband is obliged to provide mother’s expenses until the child has been weaned, but no more than two years. The divorced woman has the right to a safe and comfortable place of residence during the waiting period and until the baby is weaned. Read The right of guardianship and custody for children

A divorced mother has the right to care for a baby until it’s 10 (for males) or 12 (for females) old. After that children can choose which parent to live with. The mother is entitled to receiving money for childcare expenses. However, if baby-girl at her 12 years old decided to stay with mother, the ex husband have to pay of her expenses only until she married. If baby-boy decided to stay with his mother, father have to give him payments until he is 15 years old.  If she neglects her children or remarries, she loses her right to her children.

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