Cross-Border Divorce Regime in Bangladesh

About 40 Million Bangladeshi citizens live in foreign countries; many of whom were married in Bangladesh under Bangladeshi laws and when they decide to divorce they face a dilemma in choosing the legal regime for their divorce procedure. This chapter focuses on divorce procedures for Bangladeshi citizens married under the laws of Bangladesh who are now living abroad. The current domicile or citizenship of these people are varied as they have either become foreign national or have attained dual citizen or still holding Bangladeshi citizenship. The chapter describes the available divorce procedure for them and the procedure to resolve related matters in Muslim marriage, child custody, child support, distribution of marital property etc. The primary legislation of divorce registration in Bangladesh; The Muslim Family Laws Ordinance 1961 is to a large extent silent regarding cross border divorce procedures. However the simple procedure for Muslim Divorce in Bangladesh attracts the concerned population to choose Bangladeshi regime. The acceptability of divorce under Bangladeshi laws in the countries like USA, UK, Australia, Canada and EU countries have also been discussed as well as Bangladesh’s association with Hague Conference on Private International Law in family matters convention. The author of the chapter from his experience in representing the non-resident Bangladeshi clients shares the practical legal obstacles and ambiguities.