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Registration of a divorce by a wife of any religion. Divorce in Egypt

Divorce from an Arab (Egyptian) and a foreign wife. Nuances of the procedure. How to act, how can a lawyer help?

Khola and women's divorce in Egypt - picture

Divorce with a foreigner is essentially the same lengthy procedure as marriage. These are international relations and they must be legalized on both sides in the countries of the ARE and in your home one as well. If the divorce was initiated by an Egyptian husband, then the process can take only 1 day.

An important nuance must be taken into account. In Egypt, when a divorce is initiated by the husband, the first divorce is called recoverable. This type of divorce allows you to annul it within 3 months from the date of receipt of the divorce certificate and thus restore the original marriage with the wife with her consent, of course. At the end of three months, the divorce is finalized. The final document of divorce is obtained in the same way by the husband and wife. If the husband came to finalize the divorce and receive a certificate of final divorce, then no problems will arise in the future. If you have a recoverable divorce in your hands, then in the case of a translation, any other country will create a problem arising from the case: it means that your divorce is not final and can be restored. And to finalize it, welcome to the court, or, as an alternative, ask the ex-spouse to go to finalize the divorce.

Both spouses are in Egypt and decided to end their relationship amicably

First of all, it is determined who initiated the divorce. If they are both parties and both are in Egypt, they jointly go to the Egyptian Ministry of Foreign Affairs in Cairo and apply for a divorce. At the same time, everything is simplified, the husband has the right, by agreement with his wife, to ask for a divorce and at the same time indicate that the marriage is terminated for the last and final time (three times)! This is according to Sharia and is reflected in the contract for the dissolution of marriage. If the husband asked to terminate the contract once, then after 3 months the couple should receive a final divorce (finalized), if in these three months they do not decide to restore relations, so to speak, time is given to think.

Consider an example, a foreign wife and an Arab husband jointly decided to get a divorce. The standard case, by agreement, they can come to the Ministry and the husband will declare that they have not lived with each other for 3 months and decided to fix this with a divorce contract. In this case, the contract is issued almost the next day (a copy to the husband and a copy to the wife), and the marriage contract is canceled – such a divorce type will be final. The divorce contract specifies the date from which the spouses do not live together. The foreign wife, with her copy of the contract, goes to the Egyptian Foreign Ministry, and then to the consulate of her home country and legalizes the copy there, including the translated certified version. Or contact us.

Spouses in different countries. Arab husband in Egypt, foreign wife left for her county and they don’t see each other anymore

It is impossible in this case to leave everything as it is, if you had an official contract. It is legal in any territory of any country. You should get a divorce, but you don’t want to go and see your spouse. This is a standard situation: a foreign wife wants a divorce from her Egyptian husband.

If the spouse single-handedly declared a divorce, you just have to get your copy and legalize it in your home country at the Egyptian Embassy or entrust the legalization and translation to us. If the husband is stubborn and does nothing regarding the divorce, then the work of lawyers already comes into force: let’s say, it’s only because the wife is far away, to start with. Large law firms claim that for $2,000 they will divorce you without you coming, without you having to leave the country. But in fact, the situation under Egyptian law is as follows: the wife has the right to file for divorce, and in this case, by proxy, the wife’s lawyer submits the petition, indicating the reasons. The reasons may be simple:

  • We have not lived as wife and husband for several months
  • The husband does not sleep at home and does not pay any attention to his wife
  • A husband beats his wife, etc.

Any humiliating or insulting reasons for the wife are relevant according to the Koran and the husband’s forbidden actions before Allah. A husband should honor his wife.

In order to give a lawyer the right to work with you and represent you in the courts and authorities of Egypt, you must draw up a power of attorney, notarized in your country and legalized and translated at the Embassy of Egypt. ATTENTION! many are mistaken, but Egypt does not require an Apostille (Apostille applies to some countries and the Ministry of Justice knows this). With a notarized power of attorney, you first go to the Egyptian embassy and they will tell you how to proceed further on. It is required to translate it, notarize the translation, visit the Ministry of Justice and the Ministry of Foreign Affairs to legalize the power of attorney, and ultimately visit the Embassy of Egypt. Everything will take you at least 4 weeks.

You sign a power of attorney at any notary in your city, then you must translate it into Arabic, but be sure to transfer it to the lawyer for verification and confirmation of the translation.

After that, the translation of the power of attorney must be legalized by a notary. Your country may require assurances from the Ministry of Foreign Affairs and the Ministry of Justice or the Ministry of the Interior. However, the last resort is the Egyptian Consulate in your country. Call the consulate in advance and find out what other marks on the power of attorney should be before you make the certification in the ARE consulate in your country. When the power of attorney is ready for legalization in Cairo, the last stamp to be checked and required is the stamp of the consulate of the Arab Republic of Egypt. It is this stamp that the Ministry of Foreign Affairs in Egypt certifies and thus the document is ready for submission to the judiciary

Under this power of attorney, your attorney acts on your behalf and files the divorce petition. The preparation procedure is simple. After a month of consideration of the petition, the court obliges you to appear at the hearing. And your spouse. By the way, your spouse will not be able to do anything to you, from the moment you submit your application, you are under legal protection and your lawyer in Egypt is the first defender of your rights. After the divorce is identical, you receive your copy and certify it or leave it to the actions of the lawyer.

However, if your spouse refutes all your words in court and does not agree to a divorce, then we will have to resort to a more in-depth study of your relationship, correspondence, dialogues, negotiations. All this can drag on for a long time, but in our practice there have been similar cases of divorces and the presence of joint children.

About your rights as a wife after a divorce

Your husband after a divorce cannot expel you from your home where you lived. You have the right to claim a place to live, rent an apartment or the same place where you lived together for three months after the divorce, and in some cases for two years.

Don’t despair, for every action there is a reaction. The main thing is not to panic! Contact us and we will be happy to protect your rights and interests.

Ask for advice, come by to our office directly for a consultation with a lawyer. It will be easier for you if you speak English or Arabic. Otherwise, you will need an interpreter – indicate this when filling out the appointment booking form.

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