It depends on the circumstances. Bangladeshi courts may recognise a foreign divorce decree where the foreign court had proper jurisdiction, the proceedings were fair, both spouses had notice and the decree does not conflict with Bangladeshi law. For Muslim marriages registered in Bangladesh, questions often arise about whether the procedures under the Muslim Family Laws Ordinance 1961 have been followed and whether the divorce has been registered locally. To avoid later problems with remarriage, inheritance or immigration, many people complete or confirm the divorce in Bangladesh as well. We review each cross-border family case on its specific facts.

Under the Muslim Family Laws Ordinance 1961, a husband pronouncing talaq must give written notice to the chairman of the relevant union parishad, municipality or city corporation and send a copy to the wife. A wife exercising a delegated right of divorce follows a similar route. The chairman forms an arbitration council to attempt reconciliation, and the divorce takes effect after the prescribed period unless revoked. When a spouse is abroad, notice can be sent to their foreign address, and documents may be executed abroad through properly attested powers of attorney. We manage the process from start to registration.

Act quickly and take legal advice in both countries. As Bangladesh is not a party to the Hague Child Abduction Convention, there is no automatic return procedure. The left-behind parent can apply to the family court for custody and return under the Guardians and Wards Act 1890, or in urgent cases seek habeas corpus. Bangladeshi courts decide on the child's welfare, treating any foreign order as evidence. We help gather evidence and coordinate with lawyers in the child's home country. Keep photographs, passport details, travel bookings and messages about the removal, and give them to your lawyers at once.

Yes. Where there is a genuine risk that a child will be removed from Bangladesh in breach of custody arrangements or without proper consent, a parent can ask the family court, in custody or guardianship proceedings, for an order restraining removal, and the court may direct that the child's passport be deposited. Courts weigh the restriction against the child's welfare and the other parent's legitimate plans. Evidence of the risk, such as travel bookings, statements or foreign job offers, is important. We apply for such orders urgently where cross-border family circumstances justify it. Cross-border family risks change quickly.

Bangladeshi courts apply the welfare of the child as the paramount consideration under the Guardians and Wards Act 1890, while taking personal law principles into account. Under Muslim personal law, mothers traditionally have custody of young children up to certain ages, but courts increasingly depart from fixed rules where the child's welfare requires it. When parents live in different countries, courts look at schooling, health, stability, the child's wishes if old enough, each parent's ability to care and the practicality of contact. We prepare detailed evidence and parenting proposals for these cases. The child's views can carry weight.

Yes. A wife can file a suit in the family court for unpaid dower and for maintenance for herself and her children, even if the husband lives overseas, provided the court has jurisdiction, usually based on where the wife resides. Service on a husband abroad may take time, and enforcement depends on whether he has assets or income in Bangladesh. If assets are abroad, proceedings in the foreign country may also be needed. We advise on the best combination of claims, gather evidence of income and assets, and coordinate with foreign lawyers on enforcement in cross-border family disputes.

Enforcement depends on the law of the other country. Some countries recognise foreign family orders through statutory schemes or reciprocal arrangements, while others require fresh proceedings, using the Bangladeshi order as evidence. Courts abroad usually apply their own welfare test. A settlement agreement drafted with both countries in mind, and approved by courts in each place where possible, is often the most reliable approach. We work with lawyers in the UK, US, UAE, Canada and elsewhere to plan enforcement before the Bangladeshi order is made, so that the client is not left with an order that cannot be used.

Yes, and it is often the most effective route. Bangladeshi family courts include pre-trial reconciliation stages, the Muslim Family Laws Ordinance 1961 provides for arbitration councils in divorce and polygamy matters, and private mediation can be arranged, including online for parties abroad. Mandatory pre-case mediation under the Legal Aid Services (Amendment) Act 2026 is being rolled out for certain disputes by district. Mediated agreements can address divorce, children, dower, maintenance and property together. We prepare clients for mediation and draft agreements that can be recognised in each relevant country, and any agreement should be recorded in writing and signed.