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Egypt - Obtain a Divorce Decree


Procedure

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Apply In person

  1. To Obtain a Divorce Decree in person, the applicant has to approach the Egyptian Consulate. Contact link
  2. Also refer to the addresses mentioned in the “Office Locations & Contacts” section of this procedure.
  3. Documents that are needed for this procedure are mentioned under “Required Documents” section of this page.
  4. Payment of appropriate fees should be made and that can be found under the "Fees" section of this page.
  5. This varies depending on the issues surrounding the divorce proceedings


The following steps are taken:

  1. Filling a Petition
    • A person who petitions for divorce is called a petitioner while the party against whom the petition is brought is called a respondent. A Petition is a document stating the petitioner's claim against the respondent and what he/she wishes court to do for him/her
  2. Supporting Documents to the Petition
    • The petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities that the petitioner intends to rely on. The requisite filing fees for filling a petition (EGP 6,000) must be paid in the bank and evidence of payment attached to the petition.
  3. Summons
    • Petitioner then extracts a Summons from court requiring the respondent to either file a defense or appear in court on a day specified therein and serves it together with the petition on the respondent within 21 days after court issues the summons. Once the summons is served on the respondent, the petitioner must file an affidavit of service in court clearly stating how he/she served it on the respondent.
  4. Answer to the petition
    • Upon receipt of the summons and petition, the respondent is required to file an Answer to the Petition within 15 days from the date of receipt of the summons. The answer to the petition must be supported by a Summary of Evidence, list of documents, witnesses and authorities the respondent intends to rely on. The answer to the petition and all its accompaniments must be served on the petitioner by the respondent. The parties to the petition will then be referred to mediation by the court.
  5. Mediation
    • If the mediation fails, the case then proceeds to a scheduling conference where the parties agree on the issues to be resolved in court. Here the petitioner and respondent file a Scheduling Memorandum. After the scheduling conference, the petitioner then sets down the case for hearing by giving a Hearing Notice to the respondent.
  6. Hearing
    • In scenarios where the respondent fails to file an answer to the petition within the 15 days, then the petitioner may set down the suit for hearing expert where court will only hear the petitioner's case. At the hearing, the court will receive evidence from the petitioner in respect to his/her petition and the respondents in respect to his/her answer to the petition. After hearing from both parties or from only the petitioner where the respondent does not file an answer in reply court will go ahead to grant a Decree Nisi.
  7. Decree Nisi
    • After the lapse of six months from the date on which the decree Nisi is issued, the petitioner then applies for the grant of a Decree Absolute which will completely dissolve the marriage.





Required Documents

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  • Marriage certificate
  • Original national identification card/passport






Office Locations & Contacts

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The Egyptian Consulate General in Kuwait
Address: 58 Street, ElRoda, Kuwait City, Kuwait.
Fax: 009652527728
Tel: 009652570132 / 009652548800
E-mail: egyconskuwait@yahoo.com
Contact link

The Consulate General of the Arab Republic of Egypt in Los Angeles
Address & Mailing Address: 6300 Wilshire Blvd, Ste 1890, Los Angeles, CA 90048
Email: egyconsulatela@egyconsulatela.com
Facebook Page: Egyptian Consulate LA
Tel: (323) 933.9700 – (323) 933.9757 – (323) 933.1401
Fax: (323) 933.9725
Contact link

Ministry of Interior
Address: First Settlement - New Cairo
Post no:11641
Tel: 24060785 - 24060786 - 24060787 - 24060788 – 24060789
Fax: 0224060579
E-mail:  center@moi.gov.eg, center@iscmi.gov.eg, e.humanrightssector@moi.gov.eg
Contact link



Eligibility

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  • In order for a party to be eligible for a divorce, the marriage must be recognized by the law and must have lasted at least three (3) years unless the circumstances are very exceptional




Fees

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  • The requisite filing fees for filling a petition (EGP 6,000)
  • The fees are normally set by court depending on case by case.




Validity

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  • The divorce is Valid forever unless you again reconcile and remarry.




Documents to Use

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Please attach documents that can be used by people. e.g. links





Sample Documents

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Please attach sample completed documents that would help other people.




Processing Time

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  • This varies depending on the issues surrounding the divorce proceedings.




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Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.





Instructions

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Read Divorce Act of Egypt Capt 249 to have a grasp of what is required before you can embark of the process to obtain a divorce decree.
Here below are some grounds for divorce.

  • Adultery
  • Desertion
  • Cruelty
  • Incurable insanity (proof of failed treatment for at least five years)
  • Wife or husband found guilty of rape ,sodomy, bestiality
  • Seek further advice from an advocate on what is required to successfully launch a divorce petition (optional)
  • You should have sufficient reasons to convince the court for a need to divorce, particularly if three years have not elapsed.
  • Then present your case through a divorce petition which is supported by an affidavit.




Required Information

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  • Full Names of both parties
  • Residential Address of the applicant
  • Occupation of the applicant
  • Citizenship
  • Proof of marriage
  • Number and names of children from the marriage
  • File petition stating the ground for the divorce
  • Declaration





Need for the Document

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  • A divorce decree is the court's final ruling and judgment order that makes the termination of a marriage official.




Information which might help

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  • A divorce decree is a court document that is a final judgment from divorce court. It contains information about applicant’s case, including spousal support, child support, custody, visitation, property division, and other information. Most divorce decrees are thorough and contain all of the agreed-upon information in applicant’s case, such as who is responsible for getting life and health insurance, if the wife can take her maiden name again, and how will divide debt.
  • Only a court can issue a divorce decree. Applicant’s receive it at the end of case. If applicant’s case went to trial, applicant’s divorce decree will indicate the terms of the judge's decision and will act as a judgment that both parties must obey.
  • If applicants didn't go to trial but settled case instead, the divorce decree will contain the terms of the settlement. The decree still acts as a final judgment, but applicants and former spouse have decided upon the terms of own divorce without the court's input. Settling applicant’s case takes the decision out of the hands of the judge so long as the decision is not outrageous or one-sided. If it's one-sided, the judge will usually intervene to help work out the terms of applicant’s settlement.




Other uses of the Document/Certificate

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  • Applicant’s former spouse will have obligations created by the decree, such as paying spousal support, child support, or obtaining insurance policies.





External Links

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Place some external links which might help.




Others

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More information which might help people.





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