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Divorce proceedings in Tunisia

edited July 2016 in - Tunisia
Hello everyone I need some help in regards to divorce proceedings in Tunisia.

I am a Canadian and my soon to be ex husband is Tunisian.

We married May 2012. In 2013, After spending 3 months I received my first divorce petition in the mail. I was floored as I had no idea he was even contemplating divorce!!!

Once I received the letter (written only in Arabic) so I couldnt understand, i asked a former tunisian friend of mine to translate. As per her translation, the divorce petition was filed only 1 week after I left Tunisia to return to Canada. I was crushed. I also noticed at that time my address information on the enveloppe was wrong but I ended up receiving it anyway and signed for it at the post office declaring it received. At that time, I did not sign any other paper regarding the divorce or anything. My husband disappeared for 3 weeks and his family lied as to his whereabouts.

After 3 weeks we talked. He confessed that he intentionally gave the wrong address because he didnt think I would receive it as "he changed his mind" and decided against it. I believed him. I know stupid me...

Anyway we remained together. I went back in May 2014 and stayed until April 2015. But we broke up in December 2014 so from December 2014 to April 2015 I stayed with a friend. I had no money to come home. He took everything. (Its a long story).

To make a long story short...I received another petition for divorce in June 2016 again in Arabic and I dont understand.

I no longer speak to my friend as she got married and her new husband refuses to let her speak to anyone so i cant get it translated and the only thing i understand based on my last divorce petition is that the first court date was june 28 2016 to which i did not attend, as with this petition for divorce, i had not signed any other papers either.

I only signed at the post office declaring the receipt of the petition and again the address was wrong. It was the same as the first one I received back in 2013.

I was reading a thread and unfortunately I can no longer locate it. Something in one of the comments shocked me. It was written that there are times when the man asking for a divorce will pay someone to forge the signature of the current wife on the papers.

I was unaware that I even needed to sign anything except the ackowledgement of receipt at the post office.

I am wondering, are there indeed papers that I had to sign in order for the petition of divorce to be sumitted?

I dont want to contest the divorce. I want it done asap like last year would not have been soon enough! lol i just want to be rid of him and like him...his lying, hypocrite, disgusting theiving family forever!!!

As for my divorce petition....

Would I be able to send it by pm to someone here for translation please? I have no one to translate. I live in a very small town and no one here speaks Arabic. The closest city I could go for translation is a 12 (twelve hour) drive away!!!

Thanks in advance... Salam! :)

Comments

  • Here is my suggestion - don't do anything! If you don't appear at the court for the first hearing you will receive another 'invitation' to appear at a 2nd hearing. If you don't appear then you will receive another invitation for a 3rd hearing. If again you don't appear your tunisian will be granted his divorce. Believe me this will save you time, energy and money. Once the divorce is granted you can apply to the court for copies of the divorce documents. You can also get a copy of his birth certificate which should have his divorce status noted.
  • @topaz
    Lesley is absolutely correct. Let him divorce you.

    The only thing you need to do is have the document translated , if you go on line there will be Arabic translators in Canada, scan or mail them a copy. You need the document translated to see the place and court where the divorce is taking place, so you can later apply for the court copies of the divorce.
  • @topaz

    If you need any help in translation, let me know , I knew few places for translation.
    I live in Toronto.

    May Allahﷻ help you.
  • A very very BIG thank you to all three of you. I so much appreciate all of your help.

    I wasnt going to attend any of the court proceedings anyway because I have already wasted too much time, energy and money.

    I'm in a good place in my life now and I just want to be done with this whole thing as it is the only cloud hanging over my present and future.

    I want to be able to meet other people maybe go out on a date or two! lol but Since I'm still lawfully married, I have refrained from doing so because I do not want to commit an act of haraam.

    The soon to be ex has done it numerous times and still is doing it with multiple women but two wrongs dont make a right.

    So Again, I thank you all for the prompt and informative replies.

    @mozak in my post the city I was referring to that is 12 hours away from me is Actually Toronto! lol

    Would you kindly send me the information for the translators please as I am going to require it to be translated as per Lesley and Alethia's comments regarding obtaining the divorce decree.

    I know I have said this already, but Thanks Again!!!!

    May Allah bless you all.

    Have a great day! :)
  • Hi I wonder if anyone can inform me of the cost of a divorce in Tunisia. Me and my husband have recently finished our relationship after 10 years with him returning to Tunisia.I have been told it's easier and cheaper for him to divorce me in Tunisia as this was where we married.It's an amicable separation so neither contesting the divorce
  • If neither of you need a lawyer then it is quite easy. A notaire can make all the dox for you and you can both sign. Your husband should attend the court (and it is quicker if you also attend) and it can be done in that day. A notaire can cost around tnd100
  • Thanks Lesley, I thought we would need a lawyer and get all papers translated so divorce recognised here in England. He's allegedly been quoted 800 dinar ...and needs original birth certificate and marriage certificate.
  • @Lou
    UK Law recognises overseas divorces if the divorce is obtained by means of proceedings (i.e. dealt with by a court)

    The divorce shall be recognised under section 46(1) of the Family Law Act 1986 if:
    * it is valid in the country in which it was obtained; and
    * at the relevant date either party was:
    (i) habitually resident or domiciled in that country; or
    (ii) a national of that country.

    As your husband is a Tunisian national and Tunisian divorces are conducted by court proceedings then your divorce will be legal and recognised in the UK. a Tunisian divorce is far less cheaper than a British divorce.
    British divorce court fees alone are now £550 on top of that you have your legal fees.

    Any documents that need translating can be done by the notaire. A Tunisian notaire is similar to a British notary public. Notaires are highly trained legal practitioners.

    You will need your marriage certificate to enable you to divorce that is a standard requirement for divorces everywhere.



  • Thanks Alethia....so am I correct in saying we only need to get papers drawn up by Notaries and along with my birth certificate and marriage certificate to be placed before the court.?? I'm surmising that after both signing the papers it can go through court without me being present or the need for a lawyer?? He will just have to get papers translated for me.??
  • @Lou
    You wiill need to attend court Please refer to Lesleys post of 15 July Lesley is an expert member who lives in Tunisia and can advise you very well.

    ......"If neither of you need a lawyer then it is quite easy. A notaire can make all the dox for you and you can both sign. Your husband should attend the court (and it is quicker if you also attend) and it can be done in that day. A notaire can cost around tnd100........"
  • Thank you once again for your assistance it's much appreciated .
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