Divorce In Egypt!!

Hi VickyZozo and welcome to Expat.com!

Hope that you'll soon be given some answers.

Harmonie.

Hello Vicky !

I'm Egyptian And Was Thinking To Marry To American Or British Lady But I Was Worry From The Same Point But Not I Forgot About That , So I Contacted With Some People Whom Work On That ..


I Know Two Egyptian Lawyers Work On Foreigners Marriage , So Please Tell Me About Your Problem Here Or In a Private Message And I Will Ask Them And Maybe You Can Contact Them Direct .


Hope I Can Help And Wish You All The Best


Regards;

Ahmed

Sorry for hearing this, but if you really have reached a final decision. I recommend that you Think again before this, especially if there is children involved. anyway, its your call. I found this written in a blog hope it helps you, try it. If it didnt workout tell me , and we will see what can be gone. Good luck i hope. 

We Know how complicated For foreign women who decided to divorce their Egyptian husband.

Our Egyptians Lawyers, provide this service
In Easy way, quick and Cheap.

The Egyptian Modern Family Law, allow Egyptian women/foreign women To File divorce.
our Lawyers experience hundreds of divorce Cases.
average for the time will take to process your divorce in the Egyptian Court. 2 Months To 1 Year.
depends in the area you applied for your civil married. and if the husband try to fight it.


Thanks

No need for lawyers. Divorce in Egypt can be a pretty-DIY process.

If your husband is Muslim, the Muslim law will apply.

If your husband is Christian with the same sect as you are (Catholic, Orthodox, Protestant ...etc.), your church's law will apply.

If you have different religions and/or sects, Muslim law will apply.

And once again, if one of the couple is a foreigner, you have to do it with the Foreigner Marriage Registry office - Ministry of Justice in Lazoghly, Downtown (where you originally got married).



In Muslim law, there are a few routes to divorce:

1- Amicable divorce, both parties agree to divorce, go together to the registrar, sign and give their fingerprints, it's effective immediately, Husband cannot take his wife back without her consent, wife cannot remarry anyone else (other than original husband) for 3 months OR until she gives birth if she's pregnant, after that she's free to remarry whomever she pleases.

2- Divorce in Absentia, where the husband unilaterally divorces the wife. Divorce can be revoked also unilaterally in this case without the wife's consent within the three months waiting period (unless it's this couple's third consecutive divorce).

3- Khol3 or forced divorce, where a woman lets go of all her rights in return for a divorce by a judge. Doesn't take much time or money (don't let lawyers scam you). The ruling is final and cannot be appealed.

4- Court divorce at the request of the wife due to damages (financial, physical, emotional ...etc.), complicated, takes a long time. Husband can appeal and it can be quite lengthy (Years long).

So in brief, wife cannot unilaterally divorce and it's quite difficult.


For Christian divorce it is even more complex and difficult since it can be sometimes impossible even if both parties agree to divorce. I believe It's not my place to discuss it since I don't know all the details so I wouldn't want to give the wrong info, but again let me assert that even if you are Christian but he's Muslim (or Christian with a different sect), Muslim law will apply in that case.


Finally, I hope you'd never need such information ....

and I'd have to add that wife here is usually - by law - the winner in divorce. Husband has to pay deferred dowry, alimony (unless she waives his rights if she's the one who insisted on divorce), child support, housing (if his ex has children with him) ...etc.

Wife never has to pay anything .... even if she's richer than him ..... we don't have "community property" laws as in the US.

Ibrahim Reda wrote:

Sorry for hearing this, but if you really have reached a final decision. I recommend that you Think again before this, especially if there is children involved. anyway, its your call. I found this written in a blog hope it helps you, try it. If it didnt workout tell me , and we will see what can be gone. Good luck i hope. 

We Know how complicated For foreign women who decided to divorce their Egyptian husband.

Our Egyptians Lawyers, provide this service
In Easy way, quick and Cheap.

The Egyptian Modern Family Law, allow Egyptian women/foreign women To File divorce.
our Lawyers experience hundreds of divorce Cases.
average for the time will take to process your divorce in the Egyptian Court. 2 Months To 1 Year.
depends in the area you applied for your civil married. and if the husband try to fight it.

Thanks

You are quite an opportunist, aren't ya, dude?

hello everyone I was reading the post and i wanteda divorce and my husband did this one i copied below. so he can change his mind and revoke the divorce if within 3 months? i asked if i could go with him to do divorce and he said no he would do it.

how long does this type of divorce take to get the official paper? he has a reciept( pink paper) and thats it and says it will take 10-15 days for the paper and have to come back to cairo to get it. any info on this?
i am american and he is from yemen and we live in egypt. he has an egyptian mother so open visa. m thanks in advance for opionions :-)


"2- Divorce in Absentia, where the husband unilaterally divorces the wife. Divorce can be revoked also unilaterally in this case without the wife's consent within the three months waiting period (unless it's this couple's third consecutive divorce)."

layla1313 wrote:

hello everyone I was reading the post and i wanteda divorce and my husband did this one i copied below. so he can change his mind and revoke the divorce if within 3 months? i asked if i could go with him to do divorce and he said no he would do it.

how long does this type of divorce take to get the official paper? he has a reciept( pink paper) and thats it and says it will take 10-15 days for the paper and have to come back to cairo to get it. any info on this?
i am american and he is from yemen and we live in egypt. he has an egyptian mother so open visa. m thanks in advance for opionions :-)


"2- Divorce in Absentia, where the husband unilaterally divorces the wife. Divorce can be revoked also unilaterally in this case without the wife's consent within the three months waiting period (unless it's this couple's third consecutive divorce)."

If your husband went on his own it's divorce in absentia and yes he can change his mind without your consent and have you back as his wife within 3 months (in some jurisdictions it's 4 months and 10 days, and if you are pregnant it is until you give birth).

Yes it takes one to two weeks for the paper to be ready, however it won't be final since it's in absentia as discussd earlier.

Btw, Yemenis - even those without Egyptian relatives - enjoy unrestricted access in Egypt according to the Four Freedoms (Freedom to move, reside, own and work) treaty between Egypt and Yemen.

what does that mean it wont be final... what will make it final?

i wanted the divorce.. and he said ok.. but he didnt want to divorce me i had to say it 100 times in a week to make him know i mean it. and hen he agreed to do it.

layla1313 wrote:

what does that mean it wont be final... what will make it final?

Until the waiting period is over it is not final and he can take you back as his wife .... after the waiting period is over, if he did not take you back during this time, it becomes automatically final. You getting married to someone else during the waiting period is illegal polygamy punishable by prison.

ok i understand.. i did know about the 3 month waiting period. thanks so much this is very helpful.

if he did want me back in the 3 months what procedures would have to be done? and he can do this without my consent?

layla1313 wrote:

if he did want me back in the 3 months what procedures would have to be done? and he can do this without my consent?

Yes. Since divorce was in absentia, it is a "revocable" divorce which means the husband can - during the waiting period - revoke it without the wife's consent. All he needs to do is show up in Lazoghly office and reinstate the marriage.

Actually during the waiting period according to Sharia as well as Egyptian law (which derives marriage and divorce laws from Sharia) you are still a married couple !

oh no... so is there a way to make it faster? what if we went and did it as in the first choice?

but if that is true about the 3 months waiting period what the point.. so have to wait 3 months to be divorced?

layla1313 wrote:

oh no... so is there a way to make it faster? what if we went and did it as in the first choice?

but if that is true about the 3 months waiting period what the point.. so have to wait 3 months to be divorced?

Whether the divorce is revocable or irrevocable you have to wait 3 months before getting married to another man, and if you are pregnant you have to wait until you give birth.

Only diff is if the man divorces unilaterally, the point is to give him a chance during the waiting period to reason with himself and save the family.

The only way it would've been faster (to be final) is that you both go to Lazoghly and sign together and accordingly it's final effective immediately (however you'd still have to wait as I said above)

i see so really it does not matter since i have to wait anyway. but what about talking to others? or a meet to know someone better.

layla1313 wrote:

i see so really it does not matter since i have to wait anyway. but what about talking to others? or a meet to know someone better.

According to Sharia it would be Haram to talk to other men during the waiting period.

lol wow.. so he tricked me basically

layla1313 wrote:

lol wow.. so he tricked me basically

How come? anyways it's the same for revocable and irrevocable divorce. The point behind the waiting period is to make sure you are not pregnant. If you get married after - say - 2 weeks of divorce and one week later you find you are pregnant, whose child is that gonna be? That is the whole point.

You can simply sue him.
All you need is a good lawyer.

no i dont want to sue him. i just wanted to know about the laws. :-) i like to know where i stand.

he says we are divorced now. what if i go to the doctor and get preganacy test? i mean is the 3 months to be sure its over? no matter what i have to wait 3 months if i wanted to marry kuz of jail lol

even a woman who is beyond childbearing age still has to wait the 3 months right?

The Egyptian wrote:

layla1313 wrote:

lol wow.. so he tricked me basically

How come? anyways it's the same for revocable and irrevocable divorce. The point behind the waiting period is to make sure you are not pregnant. If you get married after - say - 2 weeks of divorce and one week later you find you are pregnant, whose child is that gonna be? That is the whole point.

Greetings!!!

I wish someone will be able to help me in my question.
I have been married in civil marriage with an Egyptian man and we lived together in my country. Last February he decided to return to Egypt in aim to work. Few months later he decided to divorce me. At October he went to the same place we had made the marriage and he divorced me WITHOUT my assent. He then translate the divorce from Arabic to Greek and send it to me. On the divorce mentions that the divorce is not final (????)!
My question is.... if he will change his mind can he go again and cancel this divorce???????? If not, do i have any way to cancel that divorce???
I need to tell you that during the marriage and the preiod of divorce i was Christian and he was Muslim.
Please please please....any help will be more that valuable!
Thank you in advance!!

Lefkippi wrote:

Greetings!!!

I wish someone will be able to help me in my question.
I have been married in civil marriage with an Egyptian man and we lived together in my country. Last February he decided to return to Egypt in aim to work. Few months later he decided to divorce me. At October he went to the same place we had made the marriage and he divorced me WITHOUT my assent. He then translate the divorce from Arabic to Greek and send it to me. On the divorce mentions that the divorce is not final (????)!
My question is.... if he will change his mind can he go again and cancel this divorce???????? If not, do i have any way to cancel that divorce???
I need to tell you that during the marriage and the preiod of divorce i was Christian and he was Muslim.
Please please please....any help will be more that valuable!
Thank you in advance!!

There is no such thing as a civil marriage in Egypt. Even if you are married in the Ministry of Justice, it is according to Sharia (unless neither of the two partners is Muslim, and both of them belong to the same, non-Muslim sect).

Yes he can divorce you without your consent. Yes it is not final because you did not attend (but doesn't mean you can void the divorce), yes he can take you back without your consent (but only during the three months عدة or waiting period) ..... After that it automatically becomes final and he cannot take you back without remarrying you with your consent

The Egyptian wrote:

Lefkippi wrote:

Greetings!!!

I wish someone will be able to help me in my question.
I have been married in civil marriage with an Egyptian man and we lived together in my country. Last February he decided to return to Egypt in aim to work. Few months later he decided to divorce me. At October he went to the same place we had made the marriage and he divorced me WITHOUT my assent. He then translate the divorce from Arabic to Greek and send it to me. On the divorce mentions that the divorce is not final (????)!
My question is.... if he will change his mind can he go again and cancel this divorce???????? If not, do i have any way to cancel that divorce???
I need to tell you that during the marriage and the preiod of divorce i was Christian and he was Muslim.
Please please please....any help will be more that valuable!
Thank you in advance!!

There is no such thing as a civil marriage in Egypt. Even if you are married in the Ministry of Justice, it is according to Sharia (unless neither of the two partners is Muslim, and both of them belong to the same, non-Muslim sect).

Yes he can divorce you without your consent. Yes it is not final because you did not attend (but doesn't mean you can void the divorce), yes he can take you back without your consent (but only during the three months عدة or waiting period) ..... After that it automatically becomes final and he cannot take you back without remarrying you with your consent

Thank you very much for your promped reply!!!!

Here i am again for few more details!

Taking a carefull look at my divorce i noticed few mistakes on it (like the date of our marriage, empty spaces on witnesses names etc). I also notice that this "divorce" is made in the same place we had our marriage, a notary public office.
In aim to apply this divorce in my country ( Greece) i need to bring them a divorce made in a court. Is the notary public office equal to a court in Egypt???

Thank you!

Lefkippi wrote:

Here i am again for few more details!

Taking a carefull look at my divorce i noticed few mistakes on it (like the date of our marriage, empty spaces on witnesses names etc). I also notice that this "divorce" is made in the same place we had our marriage, a notary public office.
In aim to apply this divorce in my country ( Greece) i need to bring them a divorce made in a court. Is the notary public office equal to a court in Egypt???

Thank you!

Notary public is the office for marriage and divorce in Egypt. Muslim men can divorce unilaterally and need not go to court.

EU and Western countries do not automatically recognise divorce decrees from Arab countries or other courts based on shariah law.

Although legislation change from one EU country to another the general principle of recognition are two:

1. The petitioner has notified the defendant in writing.

2. The defendant is present OR AT LEAST legally represented in court at the time when the verdict is discussed. EU countries do not accept divorces in absentia, though Talaq certificates have been accepted in some instances in the UK.

Thirdly, if both parties are habitually resident in one country they should divorce in that country.
a Greek court might not accept your husband going to divorce in Egypt, if his habitual residence is Greece, because courts try to limit people's rights to get divorces in countries that sets more advantages conditions for one of the party.

Some EU countries strictly accept divorces from courts only, others accept from nary public.

It is possible to make your divorce accepted in EU if certain formulas are present in the Egyptian decree, such as that it is final and it was a consensual, final divorce. I think by paying some money you might be able to obtain such document by a judge.

I would also suggest you to contact the greek embassy in Egypt and ask about recognition of Egyptian Decree.

erikabrio wrote:

EU and Western countries do not automatically recognise divorce decrees from Arab countries or other courts based on shariah law.

Although legislation change from one EU country to another the general principle of recognition are two:

1. The petitioner has notified the defendant in writing.

2. The defendant is present OR AT LEAST legally represented in court at the time when the verdict is discussed. EU countries do not accept divorces in absentia, though Talaq certificates have been accepted in some instances in the UK.

If this last condition is not met, it is very difficult that a EU country will recognise the divorce issued in Egypt. You might still be married according to Greek law and you might have to apply for a divorce in your own country.

I would suggest you to contact the greek embassy in Egypt and ask about recognition of Egyptian Decree.

THANK YOU SOOOO MUCH!!!!!!

There are many cases of ladies being left married in a non-muslim country, while divorced according to the law of the muslim country. I invite muslim men to take responsibilities in front of Allah. Even though it is convenient and faster to divorce in a Muslim country, it is in the least despicable to leave the other party in a legal and bureaucratic 'mess'.

"Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good" (Quran 4:19)

"When you divorce women and they are near the end of their waiting period, then either retain them with correctness and courtesy or release them with correctness and courtesy" (Quran 2: 231).

Considering it might take up to 5 years to divorce in a western country, as a matter of fact you are encouraging the other party to illicit relationships.

erikabrio wrote:

There are many cases of ladies being left married in a non-muslim country, while divorced according to the law of the muslim country. I invite muslim men to take responsibilities in front of Allah. Even though it is convenient and faster to divorce in a Muslim country, it is in the least despicable to leave the other party in a legal and bureaucratic 'mess'.

"Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good" (Quran 4:19)

"When you divorce women and they are near the end of their waiting period, then either retain them with correctness and courtesy or release them with correctness and courtesy" (Quran 2: 231).

Considering it might take up to 5 years to divorce in a western country, as a matter of fact you are encouraging the other party to illicit relationships.

Your help is so so so important and i am thanfull to you!!! If i may ask something else: My husband took this papper (divorce) from the office of marriage. Can he - somehow- cancel it so we can make another divorce with both of us signing it???
Thank you in andvance!

Many things are possible in Egypt, depending on your connections.

I would suggest to explain your situation to the court and ask them to issue a new divorce with the adjusted formula.

erikabrio wrote:

Many things are possible in Egypt, depending on your connections.

I would suggest to explain your situation to the court and ask them to issue a new divorce with the adjusted formula.

Thank you again soooooo very much!!!!!!!!!!!!! I wish Allah will pay you for all the good advices and guidance you offer me tonight!!! I will pray for you!!! Thank you very much!!!

connections?! what connections

hi i wanna divorce in egypt.but i dont know how to make it.im turkish and i got married with my husband in foreign marriage registry..my husband doesnt wanna divorce..and i wanna over this marriage..how can i make this..if i can find good lawyer can i divorce him without his request..and im still single in my country coz he didnt inform my embassy yet in egypt..and im in turkey now and i have no documents about our marriage..documents are with him..pls help me abput this.....

mtl wrote:

hi i wanna divorce in egypt.but i dont know how to make it.im turkish and i got married with my husband in foreign marriage registry..my husband doesnt wanna divorce..and i wanna over this marriage..how can i make this..if i can find good lawyer can i divorce him without his request..and im still single in my country coz he didnt inform my embassy yet in egypt..plss help me about this..

What are your religion(s)?

If he's Muslim, regardless of your religion, you can file for خلع (Khol'). Takes a few months in court to get divorce.

If he's Christian, and you share the same sect with him as well, you can NOT get a divorce.

If you have different religions, Muslim law will apply, and you can also apply for Khol'

he is muslim..but do i have to come egypt for divorce..for example what if i have lawyer and he do it for me..coz i scare that if i go there he will not let me come back..im muslim too...