How to File for Divorce in Bangladesh: Step-by-Step 2026 Guide

Before filing, you must determine which divorce process applies to your situation. In Bangladesh, the process depends on your religion and the circumstances:

• Muslim Talaq (Husband-initiated): The husband sends a written divorce notice to the local Arbitration Council and the wife. A 90-day reconciliation process follows.
• Muslim Khula (Wife-initiated): The wife relinquishes her dower (mahr) in exchange for divorce. If the husband agrees, the arbitration council processes it; if not, the wife must apply to the Family Court for judicial khula.
• Mutual Divorce (Mubaarat): Both parties agree to end the marriage. The notice is sent to the Arbitration Council, and 90 days later the divorce is effective.
• Judicial Divorce: Filed in Family Court for cases involving khula refusal, non-Muslim divorces, or grounds under the Dissolution of Muslim Marriages Act 1939.

Consulting a divorce lawyer in Dhaka before starting will help you select the most appropriate process for your situation.

Before initiating any divorce proceeding, collect the following documents:

• Kabinnama (Marriage Contract): The original Muslim marriage contract is essential as it contains your dower amount and other terms. Obtain a certified copy from the Kazi office where your marriage was registered if you cannot locate the original.
• National ID Cards: Both parties National Identity Cards (NID)
• Birth Certificates: For all minor children, important for custody claims
• Proof of Address: Current address documentation of both parties
• Financial Documents: If claiming maintenance or alimony, salary slips, bank statements, or business registration documents
• Evidence of Grounds: If filing on specific grounds such as cruelty or non-maintenance, medical reports, police complaints, or correspondence
• Passport-size photographs of both parties

Organize all documents in advance to avoid delays in the arbitration council or court filing process.

For Muslim divorce (talaq, khula, or mubaarat), a formal written notice must be drafted and sent to:

1. The Chairman of the Arbitration Council: This is the Chairman of the relevant Union Parishad, City Corporation Ward Councilor, or Paurashava Chairman where the marriage was registered or where the parties last lived together
2. The Spouse: A copy of the divorce notice must simultaneously be delivered to the other spouse

What the notice must contain:

• Full names and addresses of both parties
• Date and place of marriage
• Reference to the Kabinnama date and registration number
• A clear statement of the intention to divorce
• For talaq: the husband's declaration of talaq
• For khula: the wife's offer to relinquish her dower in exchange for divorce
• Date of notice and signature of the party giving notice

The notice should be sent by registered mail with acknowledgment receipt to ensure proof of delivery. Your divorce lawyer will draft this notice accurately to avoid procedural errors.

After the Chairman receives the divorce notice, the arbitration process begins:

1. Formation of Arbitration Council: Within 30 days, the Chairman forms a council comprising the Chairman or his representative, one representative nominated by the husband, and one representative nominated by the wife
2. Reconciliation Meetings: The council meets to attempt reconciliation. You are not required to agree to reconcile and may attend and formally decline.
3. If Reconciliation Fails: The council confirms that reconciliation was not achieved and the 90-day period continues running from the date of the Chairman's original receipt of the notice.
4. 90-Day Completion: Exactly 90 days after the Chairman received the notice (or after the end of iddat if the wife is pregnant), the divorce becomes legally effective.
5. Collect Documentation: Request a formal acknowledgment and record from the Chairman's office confirming the completion of the arbitration process.

Court filing is required when the wife seeks judicial khula and the husband refuses to cooperate, disputes arise over dower or maintenance, child custody needs to be formally resolved, the divorce involves non-Muslim parties, or grounds under the Dissolution of Muslim Marriages Act 1939 are being claimed.

How to file in Family Court:

1. Prepare the court petition (plaint) with a statement of facts, parties' details, grounds for relief, and the specific orders sought
2. Pay the court fees and stamp duty
3. File the petition at the Family Court registry. In Dhaka this is at Bakshi Bazar Family Court
4. The court issues a summons to the other party requiring them to appear and file a response
5. Both parties appear, evidence is presented, and the court attempts conciliation before proceeding to full hearing

After the divorce is finalized either through the arbitration council or by court decree, you must obtain your official divorce certificate:

• Arbitration Council Certificate: Apply to the Union Parishad or City Corporation Chairman's office for a certificate confirming the divorce. Bring your copy of the divorce notice, acknowledgment receipts, and national ID.
• Court Decree: If divorce was through Family Court, the court issues a decree. Obtain a certified copy from the court registry as this is your official divorce document.
• Registration: Under the Muslim Marriages and Divorces (Registration) Act 1974, divorce should also be registered with the local Kazi office.

You will need the divorce certificate for passport applications, remarriage, property transfers, children's educational documents, and any future legal proceedings. Keep multiple certified copies in a safe location.

These are the most common errors that can complicate or invalidate a divorce filing in Bangladesh:

• Failing to send notice to the Arbitration Council: Without this step, a Muslim divorce is legally invalid and may be challenged later
• Not serving notice on the spouse simultaneously: Notice must reach both the Arbitration Council Chairman AND the spouse at the same time
• Missing the 90-day waiting period: Divorce cannot be effective before 90 days from the date the Chairman received the notice
• Failing to claim dower in the divorce proceedings: A wife who does not claim her dower during divorce proceedings may face difficulty recovering it later
• Neglecting custody arrangements: Failing to formalize custody arrangements during divorce proceedings can lead to prolonged disputes later
• Not registering the divorce: Unregistered divorces can create legal complications for future administrative purposes

Work with an experienced divorce lawyer in Bangladesh from the outset to avoid these costly mistakes.

A mutual Muslim divorce through the Arbitration Council takes a minimum of 90 days. An uncontested Family Court divorce typically takes 6 to 12 months. A contested divorce involving custody, property, and dower disputes can take 2 to 4 years in the trial court, with potential appeals adding further time.

Upon divorce, the wife is entitled to receive any unpaid dower (mahr) as specified in the Kabinnama. If the husband refuses to pay, the wife can file a dower suit in the Family Court. Courts can enforce dower payment as a debt.

Yes, for Muslim divorce (talaq or mubaarat) where both parties cooperate, the entire process can be completed through the Arbitration Council without any court involvement. Court is only required for contested matters such as custody disputes, dower claims, or judicial khula.

Personal attendance is strongly recommended. While not always mandatory in practice, appearing demonstrates good faith cooperation in the reconciliation process and avoids complications. Your lawyer can accompany you and handle the procedural aspects.

For men, remarriage is permissible after the divorce becomes effective after the 90-day period. For Muslim women, the iddat period (approximately 3 months or 3 menstrual cycles after divorce) must pass before remarriage. If pregnant, iddat lasts until childbirth.