Friday, January 27, 2017

DIVORCE & CHILD CUSTODY 

Divorce 
Divorce in Bangladesh is often classified into two: Divorce by Mutual Consent/Uncontested Divorce and Contested Divorce. In either type of divorce a Lawyer's assistance is necessary to assist the client party for the district office/Arbitration Council or Court proceedings. A lawyer can also draft the necessary papers and agreement which will govern the couple properties, custody of the children, maintenance of the spouse and the like.
Contested Divorce
One party has a ground to divorce the other spouse and the latter is unwilling to sever the marriage hence it is called contested. There are issues on marital property sharing and child custody, and the issues cannot be settled amicably between the parties.
Uncontested Divorce
Uncontested divorce is the administrative form of divorce in Bangladesh. This is preferred by couples as this is swift and straightforward. However, not all couples may avail of this type of divorce. Only those who entered into a Divorce Agreement/Contract and who wish to settle their issues on marital property division and/or child custody through such legal paper works and agreement before a divorce is granted to them.
* Important Reminder – Uncontested Divorce
** If you are a foreigner, it is very crucial to first consult with a divorce Lawyer in Bangladesh. This is because the laws on divorce of different countries vary as to form and/or procedure.

Child Custody
A father is a natural guardian of his minor children. Even when the minor children are in the custody of their mother, the legal control of the children vests in the father. But guardianship and custody are not the same. So, in case when the couple divorce, the question arises who will be the custodian of the child. The father is the natural guardian and the mother is the custodian of the child till certain age. Mother is entitled to minor's custody even if she had to leave the home of her husband under unavoidable circumstances. This means that the guardian/father will have to perform the duties, including the duty to provide for maintenance of the child though the mother will be able to retain the custody of the child.
The mother is entitled to the custody of her male child until he is the age of seven years and of her female child until she ha attained puberty (18 years). The right continues though she is divorced by the father of the child. Unless she marries a second husband in which case the custody belongs to the father.
The mother is entitled to the custody of her male child until he is the age of seven years and of her female child until she ha attained puberty (18 years). The right continues though she is divorced by the father of the child. Unless she marries a second husband in which case the custody belongs to the father.
Our Law firm is expertise and give legal advice and service to our clients about marriage, divorce, legal guardianship, child custody, adoption visa, marriage between persons of different religions, marriage between Bangladeshi and foreigner, divorce of Bangladeshi living abroad, Divorce of persons who were Bangladeshi at the time of marriage but now have migrated and changed nationality etc.


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5 comments:

  1. Hi there!

    Let us know if you have any questions, we are here to help.

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  2. if a girl/woman don't want to live with her marriage partner and want divorce what she have to do for this with safely? and how she protect herself against traditional voilance after taking the action?

    ReplyDelete
    Replies
    1. If the woman is a Bangladeshi National she can divorce her husband, if power of divorce is given in NIKAHNAMA. In depth legal advise, please feel free to call us on 01976-212226 to make an appointment with a Lawyer to discuss regarding your issue.

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  3. This comment has been removed by the author.

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  4. Do i have to pay alimony if my wife committed adultery?

    ReplyDelete