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Egypt - Apply for a Divorce

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Contents

Introduction

  • Dissolution of marriage or divorce is the termination of marital union between married couple.
  • It results in cancellation of all legal duties and responsibilities between husband and wife.
  • The husband has the right to apply for divorce unilaterally.
  • The husband or wife either part has the right to apply for divorce unilaterally.
  • In Egypt, spouses can apply for a divorce with both parties agreeing to the dissolution of their union.
  • The law gives the husband an unconditional right to apply for divorce.
  • The husband can divorce his wife unilaterally without her consent at any time, without giving any reasons according to Egyptian laws.
  • This right is derived from the Islamic Shari’a Law.
  • The Egyptian Law allow a husband to reinstate a divorced wife only three time beyond that the law does not allow to remarry her again.
  • The Egyptian wife has only one case to divorce her husband ; if she stipulates her right to divorce herself whenever she wishes in the marriage certificate .

Eligibility

All citizens of Egypt above 18 years of age can petition for their marriage to be dissolved.

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Instructions

The women who is divorced is entitled to some financial rights under certain conditions. Among these financial rights are:

  • Marriage financial support:
    • if the divorced wife manages to file a lawsuit against her ex-husband claiming a one-year pre-divorce support.
    • if the divorced husband was not providing the divorced wife with financial assistance before the divorce.
  • Paid up Waiting period support:
    • The divorced wife can file a lawsuit against her ex-husband claiming what is called waiting period support estimated by the judge.This period should be paid for by the former husband.
  • Compensation/enjoyment in the mot-alimony period.
    • The divorced wife can file a lawsuit against her ex-husband claiming what is called compensation mot-alimony to be estimated on a monthly basis by the court or competent judge.
  • If the divorced wife can also claim her deferred dowry as stated in the marriage certificate
  • If the wife can be awarded custody of her children under specific conditions as determined by the competent court.
    • The divorced husband and wife can waive all or part of their rights, and can agree on joint custody of their children

Required Information

  • Marriage certificate
  • identification Documents like identity card.
  • Date of marriage
  • Religion
  • Office were marriage was registered.

Procedure

  • Obtain all necessary documents for the divorce.
  • Submit your application along with all other requirements.
  • Once the notice of the granting of the divorce is received, the parties may bring the endorsement of the divorce to the office where the marriage was registered.

In Muslim law, there are a few procedure or process 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 that is the Egyptian Muslim law.
  2. Divorce in Absentia, where the husband unilaterally divorces the wife.
    1. 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).
    2. if your husband went on his own it's divorce this turns to be a divorce in absentia and if he can change his mind without the consent of the wife this will be done within 3 months (in some jurisdictions it's 4 months and 10 days, and if the wife is pregnant it is until she gives birth).
  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.
    1. The judge's ruling is final and cannot be appealed in any way.
  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).
    1. 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.
  • In all case even if you are Christian but he's Muslim (or Christian with a different sect), Muslim law will apply in that case.
  • The 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. Wife usually don't pay anything to the husband even if she has more money than the man.

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Required Documents

  1. Affidavit or Declaration of Residency
  2. Marriage Certificate
  3. Identity Card (original and photocopy)
  4. Application with signature recognized by the Notary
  5. Certificate issued by the Court or priest.
  6. Birth Certificate (spouse)

Fees

fees charge is 30 Ep

Validity

Valid for ever.

Documents to Use

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

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

It takes from 3 month to 1 year for the divorce to be effective but at times it reaches 3 years in complicated cases.

Office Locations & Contacts

Ministry of Interior affairs

Major General Major General Mohamed Ahmed Ibrahim Mohamed Mostafaimg

Address El Sheikh Rihan St.Cairo , Postal Code 11641

Phone no. 27948300 - 27959111 - 27952300

Fax 27960682

E-mail center@iscmi.gov.eg

Website http://www.moiegypt.gov.eg


Ministry of transitional justice and national reco

Mr. Amin ElMahdy img

Address Shoura Council - Peoples Assembly st.Cairo


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Video

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.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	

Information which might help

  • The divorcing husband can reinstate his wife during the waiting period (about three months before divorce is final).
  • If the waiting period is over, the divorcing husband cannot reinstate his wife without a new marriage contract and a new dowry
  • If the husband divorces his wife for the second time, he can reinstate her again as a wife under the previous condition.
  • If the husband divorces his wife for the third time, he cannot reinstate her unless she weds another man and then gets divorced or widowed
  • If your husband is Muslim, the Muslim law applies visa vase for Christians also.
  • If your husband is of a different religions and/or sects, Muslim law will apply.
  • Until the waiting period is over it is not the final period for the two parties, the marriage remain in existence the man can take back his his wife .But after the waiting period is over,
  • if the did if the husband did not take back the wife, it becomes automatically final divorce.
  • Any wife who decide to marry before the expiration of the waiting time and decide to get married to someone else during the waiting period is illegal polygamy punishable by prison.
  • According to Sharia law in Egypt it would be Haram to talk to other men during the waiting period.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

http://egyptian-law-office.com/divorce-in-egypt/

https://www.egypt.gov.eg/english/guide/directory.aspx

Others

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