posted
Just wondered if anypne could advise me if having been married only with orfi contract and then the marriage is over, are you able to tear it up and its over, leaving one free to return to egypt and if you meet some one new be safe to be out with them. just trying to find out as a friend is returning to luxor soon . her marriage is over , but she wants to return and has a new " friend" but not considering marriage
Posts: 18 | From: ENGLAND | Registered: Feb 2004
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posted
First of all I don’t see what is this got to do with coming back to Egypt weather you were married orfi or official contract doesn’t have any thing to do with getting back home!!
Second you must keep photocopy of that marriage contract for your own image if it happened and you get married again and if you can get your divorce in writing that will be the best for your own seek and protection.
Have that marriage result children? Does your family know about that? Does the divorce happened right front of you and with your and your man satisfaction or maybe he will come back and say this wife there any witness to the marriage and the divorce? You have got to answer those entire questions honestly between your self.
quote:Originally posted by Tally: Just wondered if anypne could advise me if having been married only with orfi contract and then the marriage is over, are you able to tear it up and its over, leaving one free to return to egypt and if you meet some one new be safe to be out with them. just trying to find out as a friend is returning to luxor soon . her marriage is over , but she wants to return and has a new " friend" but not considering marriage
As to whether they would be safe to come back without the possibility of threats from an orfi “ex-husband” I guess that would depend how the “marriage” was ended, did he tear up the contract, were there witnesses to the “divorce”, and what his intentions are. But I agree with smarah, that she shouldn’t tear up her contract until she knows that it is definitely over and even then, if she has any doubts, it might still be safer to keep it. The tearing up of the contract is something done by the man to indicate “divorce” a woman doesn’t have that same ability to “divorce” her “husband”.
As to whether they would be safe to come back without the possibility of threats from an orfi “ex-husband” I guess that would depend how the “marriage” was ended, did he tear up the contract, were there witnesses to the “divorce”, and what his intentions are. But I agree with smarah, that she shouldn’t tear up her contract until she knows that it is definitely over and even then, if she has any doubts, it might still be safer to keep it. The tearing up of the contract is something done by the man to indicate “divorce” a woman doesn’t have that same ability to “divorce” her “husband”.
a woman doesn’t have that same ability to “divorce” her “husband”,
posted
If your papers were issued by a lawyer and you have all copies then yes tearing it up ends the marriage
BUT if your papers were subsequently taken to the court and registered then you must get a divorce. You do not have needed to be present to get this registration. You will need the co-operation of your ex husband to do this. A court registered marriage can have the certificate reissued on application by either party. It is much more difficult for a woman to get a divorce than a man. A man just indicates that he wants a divorce and it is done, a woman has to negiotiate and go through the Egyptian couts. You best bet is to get a lawyer to explain the situation to you. This is a link to the list of lawyers recommended by the British Embassy http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1065721967477
posted
{A man just indicates that he wants a divorce and it is done.} That is not right men can just go and get divorce, he can get divorce trough the court in the absent of the wife, (of course the wife never absent but the men can claim she is… if u understand what I mean) then they can get the divorce and the wife has the right to object on that and so on. The marriage is a secret relationship between a man and women should be done when the women agreed and except a man as husband front of two witnesses, that woman and that man is really married weather they have marriage contract or not so all this paper work is just in the modern days. So if you are really married with orfi contract it should be front of two witnesses so the divorce should also done front of two witnesses so things can be right between you and god. So please if u ended this marriage u should ended right so it will not come and hunt u latter in u life when every thing still and forgotten. Nothing wrong with marring orfi once is done front of two witnesses. It is the same way our grandmothers & grandfathers get married long time ago and still is legal as long as it is done front of two witnesses as I said before the only thing is wrong with it is you can’t inherit your husband if he died while you are still married.
quote:Originally posted by akshar: If your papers were issued by a lawyer and you have all copies then yes tearing it up ends the marriage
BUT if your papers were subsequently taken to the court and registered then you must get a divorce. You do not have needed to be present to get this registration. You will need the co-operation of your ex husband to do this. A court registered marriage can have the certificate reissued on application by either party. It is much more difficult for a woman to get a divorce than a man. A man just indicates that he wants a divorce and it is done, a woman has to negiotiate and go through the Egyptian couts. You best bet is to get a lawyer to explain the situation to you. This is a link to the list of lawyers recommended by the British Embassy http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMark et/Xcelerate/ShowPage&c=Page&cid=1065721967477
[This message has been edited by smarah (edited 05 July 2005).]
quote:Originally posted by SiN_iNN: a woman doesn’t have that same ability to “divorce” her “husband”,
Says Whom ? Women could divorce men !!
Hi SiN_iNN!
Sorry if what I said wasn’t clear, what I meant was that if a woman tore up her “marriage contract” and the man didn’t, she wouldn’t be considered divorced. He could claim that they were still “married”. As akshar said, she would have to have both/all the copies to be safely freed from the contact by tearing it up. But yes, I agree Islamically and in Egypt a woman can get a divorce in three ways, by khulu’ (a divorce in return for compensation, usually all the dowry and giving up future financial rights); through the courts if he has failed to meet his obligations or caused her harm; or if she has been given the right to divorce, by declaring that the man is divorced.
posted
smarah we are not talking about what is right and wrong but what this poor woman has to do under the law as it stands at the moment.
Posts: 2791 | From: www.flatsinluxor.co.uk, Luxor, Egypt | Registered: Jan 2003
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posted
Will that poor woman she doesn’t have any problem under the law, the only problem she could face in the future if she is about to get marry again. She must have divorce paper with her or she had to talk to the new husband to be and come clean about everything with her previous marriage so when they about to make the new contract she can write she haven’t been married before so she doesn’t have to produce a divorce papers. But that must happened with the arrangement with her new husband to be, because if she don’t tell him and he discover latter about her marriage she could face jail.
quote:Originally posted by akshar: smarah we are not talking about what is right and wrong but what this poor woman has to do under the law as it stands at the moment.
[This message has been edited by smarah (edited 05 July 2005).]
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