What is Mubarat?

Introduction

ubarat is a Mmutual divorce, where both husband and wife willingly agree to end the marriage. Neither side has to accuse the other of wrongdoing; the separation is based purely on mutual consent.

How It Differs from Talaq & Khula

Unlike Talaq, where the husband alone initiates divorce, and Khula, where the wife seeks court intervention, Mubarat requires agreement from both. Once both parties accept the mutual separation, the marriage is dissolved.

When Couples Choose Mubarat

Couples typically choose Mubarat when both realize the marriage cannot continue and prefer a peaceful, respectful, and non-litigious way to separate. It is commonly used when there is no major dispute or when both parties want to avoid lengthy court processes.

Legal Basis Under the Muslim Family Laws Ordinance 1961

Mubarat is legally recognized under the Muslim Family Laws Ordinance (MFLO) 1961, which requires the mutual agreement to be formally recorded and reported to the Union Council for issuance of the NADRA Divorce Certificate after the mandatory 90-day process.

No need to prove cruelty or allegations

Unlike Khula or contested divorce, Mubarat requires no evidence, no accusations, and no grounds to be proven. The agreement itself is enough to dissolve the marriage.

Agreement-based separation

The entire process centers on a written mutual divorce agreement. This document records that both spouses agree to end the marriage, outlines financial terms (if any), and confirms that neither side is blaming the other.

Court involvement (optional but helpful)

Although Mubarat can be completed without going to court, involving the Family Court helps ensure the agreement is properly recorded, prevents future disputes, and makes the process smoother — especially when custody, maintenance, or dowry matters are also being settled.

Legal Rights of Both Parties

Right to separation without blame

In a Mubarat, neither spouse is accused of wrongdoing. Both have the legal right to end the marriage peacefully without proving cruelty, misconduct, or any specific grounds. This protects the dignity of both parties.

Rights related to dower (Mehr)

• The terms of Mehr are settled through mutual agreement.
• The wife may keep the Mehr,
• or return part of it,
• or return all of it — only if both spouses agree.
• There is no automatic rule; everything depends on the written agreement

Rights to custody (decided separately)

Custody of children is not determined by the Mubarat document itself.
Courts decide custody based on the child’s welfare, age, and best interest. Both parents retain the right to seek custody or visitation, regardless of who initiated the divorce.

Rights to maintenance (wife until divorce becomes effective)

The husband is responsible for the wife’s maintenance (nafaqah) until the divorce formally takes effect—that is, until the Union Council registers the Mubarat and issues the divorce certificate. After effectiveness, maintenance ends for the wife but continues for the children.

Property distribution (if any jointly owned)

If the couple owns property together (house, land, vehicles, savings), they have the right to divide it fairly through an agreement. The law allows them to mutually decide:

• full transfer to one spouse,
• equal division, or settlement based on contribution.
• If they do not agree, the matter can be taken to civil court separately.

Documents Required

To process a Mutual Divorce (Mubarat) smoothly, the following documents are usually needed:

• CNIC copies of both spouses

These confirm identity and are required for preparing the written Mubarat deed and for registration at the Union Council.

• Nikahnama (original or certified copy)

The marriage contract is essential to verify the marriage details, such as dower, date of nikah, and the parties’ information. A certified copy can be used if the original is missing.

• Joint written Mubarat agreement

This is the core document. Both spouses sign it to confirm they mutually agree to end the marriage. It outlines terms such as dower, custody, property settlement, and any additional conditions.

• Copies of 2 witnesses

Two adult witnesses (preferably male, but not mandatory) should sign the agreement. Their CNIC copies help authenticate the document during registration.

• Children’s birth certificates (if applicable)

Required when issues of custody, visitation, or child maintenance need documentation.

Step-by-Step Mubarat Procedure (Core Section)

Step 1 — Prepare the written Mubarat agreement

Draft a clear, signed document stating that both spouses voluntarily agree to end the marriage by mutual consent (Mubarat). The agreement should state: parties’ full names, CNIC numbers, date and place of marriage, any understanding about Mehr (keep/return/partial), arrangements for children (temporary or final), and any property or financial settlement. Keep language simple and unambiguous — the stronger and clearer the agreement, the fewer chances of later dispute.

Step 2 — Both spouses sign with witnesses

Both spouses must sign the Mubarat deed in the presence of at least two adult witnesses. Witnesses should print their names and provide CNIC copies. Their signatures confirm the voluntary nature of the agreement and help authenticate the deed at the time of Union Council registration. If one spouse is abroad, the signature may be done through an attested Power of Attorney — but ensure embassy attestation where required.

Step 3 — Submit the agreement to the Union Council

Take the signed Mubarat deed, Nikahnama, CNIC copies, witness copies, and any child documents to the local Union Council (UC) where the marriage is registered (or where the parties reside, as required). Submit the documents for official recording under the Muslim Family Laws framework. The UC will log the request, check documents for completeness, and start administrative procedures.

Step 4 — Notice / Waiting Period (typically 90 days)

After submission, a prescribed notice or waiting period begins (commonly 90 days under MFLO procedures). This interval allows either party time to reconsider and provides an opportunity for informal reconciliation or withdrawal. The UC records progress during this period. If either spouse withdraws consent within this timeframe, the Mubarat process may halt unless both reaffirm their decision.

Step 5 — Arbitration / Reconciliation Meetings (if applicable)

Some jurisdictions or Union Councils may refer the case to an arbitration or reconciliation body (local elders, arbitration council, or mediation officer) to confirm that the agreement is voluntary and that any children’s welfare or financial settlements are reasonable. These meetings are generally administrative and conciliatory — their purpose is to ensure clarity and to reduce future disputes. Participation and outcomes are recorded for UC files.

Step 6 — Issuance of Divorce Certificate by the Union Council

If, after the notice period, both parties maintain their consent and there are no legal impediments, the Union Council issues an official divorce certificate (the UC/NADRA record is updated). This certificate is the authoritative proof of Mubarat and is required for CNIC and passport updates, remarriage, and other official matters. Keep certified copies of the UC certificate safe — it is the final legal recognition of the dissolution.

MUBARAT (MUTUAL DIVORCE) AGREEMENT — TEMPLATE

This Mubarat Agreement is made on this ___ day of _______, 20 between:

1. Wife

Name: __________________________________
CNIC No.: _______________________________
Address: ________________________________

2. Husband

Name: __________________________________
CNIC No.: _______________________________
Address: ________________________________

3. Marriage Details

• Date of Marriage: _________________________
• Place of Marriage: ________________________
• Nikahnama No.: ___________________________
• Union Council: ____________________________

4. Mutual Decision to End Marriage

Both parties hereby agree, willingly and without any pressure, to dissolve their marriage through Mubarat (Mutual Divorce) under Muslim Family Laws.

Both parties understand that:

✓ They no longer wish to live together as husband and wife.
✓ This separation is based on mutual consent.
✓ No party is blaming or alleging wrongdoing by the other.

5. Settlement Terms

a. Mehr (Dower)

☐ The wife keeps the Mehr.
☐ The wife returns the Mehr.
☐ Partial return of Mehr: 

(Tick or write whichever applies.)

b. Dowry Articles

☐ Returned to wife
☐ Already with wife
☐ List attached (if any)

c. Financial Settlement

(If applicable)

d. Children (if any)

• Names & Ages: ______________________________________
• Custody arrangements (temporary/permanent):___________________________
• Visitation arrangements: __________________________________

6. Declaration

We hereby declare:

1. That we are signing this agreement of our own free will, without coercion, pressure, threat, or influence.
2. That this agreement represents our final mutual decision to end the marriage.
3. That we will submit this document to the Union Council for the issuance of the Divorce Certificate.

7. Signatures

Husband:

Signature: ________________________
Name: ____________________________
Date: _____________________________

Wife:

Signature: ________________________
Name: ____________________________
Date: _____________________________

8. Witnesses

Witness 1

Name: ____________________________
CNIC: ____________________________
Address: __________________________
Signature: _________________________

Witness 2

Name: ____________________________
CNIC: ____________________________
Address: __________________________
Signature: _________________________

For Office Use (Optional)

Received by Union Council:
Date: _____________________________
Officer Name: ______________________
Signature & Stamp: _________________

Timeline of a Mubarat Case

• Minimum: 30 days
• Typical: 60–90 days
• Possible delays: If either spouse withdraws cooperation or documents are incomplete

Costs Involved

• Union Council fee — nominal administrative charges.
• Lawyer fee — for drafting and guidance (range only).
• Notary/witness charges — if applicable for attestation.

Mubarat for Overseas Pakistanis

Overseas Pakistani couples can complete Mubarat without being physically present in Pakistan. If one spouse is abroad, a Special Power of Attorney (PoA) must be prepared and attested by the Pakistani embassy in that country. This allows the spouse in Pakistan to sign and submit the Mubarat documents on behalf of the absent party. Embassy attestation ensures the PoA is legally valid in Pakistan, making the process smooth and recognized by the Union Council.

This option is particularly helpful for couples living abroad or when one spouse cannot travel due to work, health, or other commitments.

What Happens After Mubarat Is Granted?

Once the Mubarat (Mutual Divorce) is finalized, the Union Council issues an official divorce certificate, which legally confirms the end of the marriage.

The parties should then update their CNICs and passports to reflect the changed marital status, ensuring all official records are accurate.

If children are involved, custody and visitation arrangements agreed upon in the Mubarat must be followed. The court or Union Council may provide documentation for child custody, ensuring that the welfare and rights of the children are protected.

Common Problems Faced During Mubarat

Even though Mubarat is a mutual divorce, couples can face several challenges:

• One spouse changes their mind: Sometimes, one party may withdraw consent or delay signing documents, which can halt the process and extend the timeline.
• Incorrect forms or witness issues: If the submitted forms are incomplete, or witness signatures are missing or invalid, the Union Council may reject or return the application, causing delays.
• Union Council delays: Administrative backlogs or procedural inefficiencies at the Union Council can slow down the issuance of the divorce certificate.
• Disputes over custody or dower: Although Mubarat is based on mutual agreement, disagreements can arise regarding child custody, visitation rights, or the settlement of Mehr (dower). These disputes may require additional mediation or court intervention.

Addressing these issues proactively — by ensuring correct documentation, having witnesses properly sign, and clear communication — can help minimize delays and complications.

FAQs

Q1: Is Mubarat faster than Khula?
Yes, since it is mutual and generally requires no proof of fault, Mubarat cases usually complete faster than Khula.

Q2: Can one spouse withdraw after signing the agreement?
Technically, withdrawal is possible before the Union Council processes the application, but it may complicate or delay the process.

Q3: Do both spouses need to appear at the Union Council?
If both are in Pakistan, personal appearance is preferred. If one spouse is abroad, a Power of Attorney with embassy attestation can be used.

Q4: Is a court decree mandatory for Mubarat?
No, court involvement is optional. The Union Council certificate is sufficient to legally end the marriage.

Q5: What if there are children?
Custody and visitation arrangements should be clearly documented in the agreement, and the Union Council or court can provide official records for enforcement.

Q6: How long does it take to finalize Mubarat?
Typically 30–90 days, depending on documentation, cooperation, and any administrative delays.

Final Advice

A properly drafted Mubarat agreement ensures that both spouses’ rights — including dower, property, and child custody — are clearly protected. Seeking legal guidance is crucial to avoid mistakes, prevent disputes, and ensure that the process is legally valid and smoothly completed.