A divorce and family lawyer is the most responsible person to solve the issue. The number of divorce and family cases has increased over the past years because of differences between husband and wife, extramarital affairs, differences in lifestyle, etc. The best Divorce and family lawyer in Dhaka, Bangladesh supports people who need legal help. As family and divorce matters are very sensitive and concern one’s family, proper consulting and advice from an experienced lawyer. A divorce and family lawyer is an essential person for this thing so that any legal complexity regarding the matter can be avoided.
Why you need the Best Divorce and Family Lawyer in Dhaka
The best divorce and family lawyer is a lawyer who has extensive knowledge of the divorce procedure, legal requirements, and consequences of divorce. In addition, a divorce and family lawyer must have knowledge and experience regarding Dower, maintenance, child custody, adoption, and all other laws in relation to divorce and family issues. A divorce and family lawyer must also have knowledge regarding Nari-0-Shishu Nirjatan Daman Ain, 2000, Domestic Violence (Prevention and Security) Act 2010, The Dowry Prohibition Act 1980, etc.
How to find the Best Divorce and Family Lawyer in Dhaka, Bangladesh?
There are various Lawyers in Dhaka providing legal services on family matters. It is difficult to find the best divorce and Family Lawyer who will be perfect for handling your situation. Therefore, you must know the essential qualities required in the best family lawyer so that you can choose one without any doubt. The qualities that the best Family Lawyer must have are discussed below.
In-depth Legal Knowledge in Family Law
Divorce and Family matter is a vast areas of practice for lawyers. An efficient and skilled divorce and family lawyer must have legal knowledge of overall different areas of the family. Being said that, considering the educational qualification of a divorce and family lawyer is very essential.
Nevertheless, simply having in-depth knowledge of the statutory family laws is not sufficient. The lawyer must also have a vast knowledge of the case laws related to the issue. It is important because every case is unique and challenging on its own. As such, a lawyer who has a vast knowledge of case laws can handle family cases successfully.
Now how do you know if a lawyer has that knowledge or not? When you consult a lawyer for the first time, you will see the lawyer while advising makes reference to a few cases that relate to your situation and that’s when you know you found the right lawyer. The legal knowledge as discussed above is required in the following sectors.
Drafting Legal Documents
Family cases involve drafting Legal notices, affidavits, Opinion Writing, and other Court Documents, etc depending on the case. For instance, if the case is about mutual divorce, a Family Lawyer usually drafts a document of the agreement which is more like a contract between the husband and wife regarding their rights and obligation at the time of divorce and after. Such a contract usually states how much dower is left to be paid to the wife, when will it be paid, who will have the custody of the child (if any), the amount of child maintenance that needs to be paid, when and how the parents can meet the child, etc. This is done so that no dispute arises post-divorce.
If the documents are not properly drafted this may cause a delay in solving the case and also increase the cost. Therefore, along with legal knowledge, a good Family Lawyer must have excellent Drafting skills as well. Again such skill is gained from experience.
Appropriate Guidance and Advice
Most family law client consults a Family Lawyer for advice and guidance on their next step especially regarding their legal right in an uncompromising situation. For this reason, a Family Lawyer must have good communication skills so that he/she can deliver proper consultation and opinion. This is because laypeople do not understand the language and rules of law as such the law and their rights must be explained properly to the clients. Moreover, this helps to maintain proper transparency between the client and the Lawyer. It is to be noted that while advising a Lawyer for their divorce and family matters, must be patient with the client.
Usually, family matters are not always dragged to court and are settled or resolved outside court. If the matter is settled through mediation that the Lawyer must have great mediation and negotiation skills so that your rights are protected.
However, it is not always possible to solve the dispute outside court in which case the matter will be taken to court. Therefore, the Family Lawyer must be enrolled in the Dhaka Judge Court and the Supreme Court of Bangladesh. Also, the Lawyer needs to be properly aware of the court procedure and this comes with experience in the legal field. Therefore, before choosing a family lawyer you must look into his/her experience in the legal field.
Updates on pending cases
It is noteworthy that family cases such as Domestic Violence or succession cases usually take a long time to get resolved. Also, the client does not always need to be present for all court hearings. Therefore, the Lawyer must keep the Client updated about the status of the case at regular intervals.
Cost of Proceeding
A good Family Lawyer will try to keep the cost of proceeding low and provide an invoice for the expenses incurred in the process. For instance, if the Lawyer keeps making amendments to legal documents submitted to the court or misses a hearing date etc then it increases the cost of the proceeding. The good Lawyer will need to take care of all these matters and should use his legal knowledge to ensure that the cost does not increase unnecessarily.
In a nutshell, a lawyer especially a Barrister is trained in such a way that they know how to handle a client and a case efficiently. Therefore, legal knowledge is not only based on whether a lawyer knows the law or not but whether he can make the right choice using his legal knowledge at the appropriate time. A good Family lawyer will make your time and money worth it with his service and behaviour. Sometimes, a lawyer wins a case for the client but the client can still not be happy if how the case has been handled was not satisfactory.
Extensive practical knowledge of Family Matters
Practical knowledge in Family matters is gained through experience and as discussed above experience of a practising Family Lawyer is very essential in every step of handling a case. Therefore, when choosing a lawyer you must look into the lawyer’s years of Practice in court.
Best Divorce lawyer in Dhaka, Bangladesh
The best divorce and family lawyers in Dhaka are listed below:
Counsels Law Partners (CLP)
It is a full-service commercial law firm in Dhaka and it also provides legal services regarding divorce and family matters.
FM Associates (FMA) is a full-service international top-tier law firm in Bangladesh, our Dhaka office being situated in the heart of the capital.
SALAMAZIZ is a full-service law chamber providing legal services in various areas including family matters.
Jural Acuity is an exclusive Partner Law Firm of IR Global in Bangladesh and its area of practice includes family and divorce matters as well.
It is also a full-service leading law firm for divorce and family matters
Ahmed and Associates
S Ahmed and Associates is a law firm based in Dhaka, Bangladesh that provides legal services on divorce and family matters.
Nuruzzaman & Associates
It is a multi-function and one-stop law firm in Dhaka that provides dedicated legal services to its domestic and international clients regarding divorce and family matters.
Gray Chambers provides complete and one-stop services on divorce and family matters.
Chowdhury & Ullah
S Hossain & Associates
Chowdhury & Ullah is a vibrant law firm that provides legal services on divorce and family matters.
Why Counsels Law Partners is the best for providing Legal Services on Family matters?
Counsels Law Partners (CLP) is a full-service law firm therefore we specialize in all areas of law. We have many specialized Family Lawyers. The lawyers at CLP have all the qualities necessary for being called the best law chamber in Bangladesh.
The Lawyers at CLP handle their clients with the utmost professionalism. The interest and needs of the clients are the utmost priority for the Lawyers if CLP. CLP as a law firm has handled a huge number of family cases and therefore it has the appropriate knowledge and practical experience to handle any family case. Further, the lawyers at CLP have years of experience to draft any kind of documents necessary for a family case.
CLP as a law firm has numerous family law clients. CLP provides Legal Opinion regarding any matter or potential disputes to those clients regularly. The family Lawyers of CLP ensures that those clients are aware of their legal rights concerning the issue and guide them to take appropriate step in achieving that also practices immigration law in Bangladesh.
Legal and Practical Knowledge
Team CLP consists of Barristers, Advocates, and lawyers who are extremely professional and are highly experienced and qualified with the highest law degree available. Most of its lawyers have the appropriate enrollment and license to conduct litigation related to family matters in the relevant Courts and Tribunals. The Head of Chamber of CLP, i.e. Barrister Md. HafizurRahaman Khan is an enrolled Advocate of the Judge Court and Supreme Court of Bangladesh. He is a Dhaka University graduate, a UK-trained Barrister, and an Advocate of the Supreme Court of Bangladesh.
He has been in law practice for over 15 years and has vast experience in providing legal services and advice related to company law. He values client needs and often tries to resolve any family disputes amicably through mediation or arbitration. However, he is a well-known lawyer in the Supreme Court of Bangladesh since he has been dealing with numerous family, corporate or company, criminal cases for over a decade. Therefore, he has the necessary knowledge and experience to conduct any kind of litigation, arbitration, or mediation for any family case.
All of our lawyers are handpicked by the Head of the Chamber himself and they are under his observation and guidance at all times. The Lawyers of CLP are efficient in drafting any legal documents. CLP has huge resources for its Lawyers to conduct its research for a case. Hence, the Lawyers of CLP have both the legal and practical knowledge regarding any family matter.
The reputation of Best service
CLP has a very good reputation in the law world among its existing and previous clients. The clients have always received the utmost sincerity from the Lawyers of CLP and thus the clients have maintained a good relationship with CLP even after their disputes were successfully resolved by our Lawyers.
We receive most of our clients through references to existing and previous clients who recommend us being satisfied with our services. We are proud of the goodwill and reputation that we have not only in the area of Family Laws but in all areas of law we practice in.
The Muslim Divorce procedure in Dhaka
Muslim Divorce under Muslim Family Law Ordinance, 1961 (MFLO) may be two types:
As per the original Muslim law, there are various types of divorce. But in light of the applicable laws of Bangladesh, there are 2 (Two) types of Divorce.
Divorce or Talaq by Notice
Divorce by notice is also known as a one-sided divorce. To give a Divorce or Talaq by notice, the divorce notice receiver’s consent is not mandatory. In this case, any of the parties may not have consented to give divorce.
In a mutual divorce, both parties have their consent to give the divorce. As both parties are aware of the divorce such notice requirement is not mandatory.
Divorce Procedure One-sided Talaq or Divorce by Notice procedure
In light of Section 7 of MFLO and in practice, when a person gives a one-sided divorce, he or she follows as follows:
- The person needs to give notice of divorce to the opposite party i.e. husband or wife and the concerned city corporation or chairman.
- The person needs to sign and put his or her thumb impression on the notices and book of the marriage registrar.
- 2 male witnesses will sign the notices of the book of marriage registrar.
- The notices will be sent through registered post.
- After receiving the notice, the office of the concerned city corporation will issue 3 (Three) notices consecutively in 3 (Three) months to the husband and wife.
- The city corporation will form an arbitration council to resolve the dispute between husband and wife.
- If no party appears or not possible to resolve, the city corporation will issue an order sheet thereof.
- Thereafter, the marriage registrar will issue a divorce certificate
Penalty for Default of Divorce Procedure
In breach of the above procedure of divorce, a person can be punishable with simple imprisonment for a term which may extend to 1 (one) year or with a fine which may extend to 10 [ten thousand takas] or with both.
Mutual Divorce Procedure
In light of Section 8 of MFLO and in practice, when a person gives a mutual divorce, he or she complies as follows: In practice both the husband and wife take their decision of giving divorce. Husband and wife and 2 (Two) witnesses sign in the book of the marriage registrar. Usually, before coming to the decision of divorce, both parties sign an agreement on their decided terms and condition. Parties mostly decide about the dower money, maintenance of wife, and child (If any). As parties know each other’s decisions and have less possibility of resolution, notice is not required.
Divorce Procedure During Pregnancy
If the wife is pregnant at the time of the pronouncement of divorce or Talaq. Divorce will not be effective until 90 days from the date of the notice or the pregnancy, whichever is later, ends.
Documents for Divorce Procedure
The following documents are necessary for the completion of a divorce procedure:
- Photocopy of kabinnama
- Copy of NID (National Identification Number) of husband and wife.
- Photocopy of NID (National Identification Number) of two male witnesses.
- 1() photo if an affidavit is prepared by a lawyer
Government cost for Divorce Procedure
As per marriages and Divorces (Reg) Rules, 1975:
A Nikah or Marriage Registrar shall charge a fee of BDT 200 (Two Hundred) for registration of divorce. The marriage registrar may also claim BDT. 25 as the commission fee and BDT. 1 (0NE) taka per mile as the travelling cost. But in practice, the Marriage registrar takes many times more costly than the actual cost.
The Prophet Muhammad once said, “Of all the lawful things, divorce is the most hated by Allah.” Therefore, Islam does not encourage divorce but sometimes it is inevitable. Now a day, the number of divorces has highly increased in Dhaka as well as all over Bangladesh. As a result, people should know the exact procedure of Muslim divorce in Dhaka Bangladesh. If you want to know more about please click here.
Divorce and Family Law practice at CLP
The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh are highly experienced in providing any kind of services related to Family matters including Divorce, Marriage, etc. They can provide any kind of documentation, paperwork, consultation, litigation, or any other related services to any person who seeks a Family Lawyer. For queries or legal assistance, here are some of the experienced best divorce and family lawyers in Dhaka to reach the right place who are really able to help you.