Divorce in Egypt for foreigners married to an Egyptian

Which law applies and where a divorce is registered

If either spouse was Egyptian at the time of the marriage, Egyptian law alone applies. The only exception is each spouse’s legal capacity to marry (Civil Code, Article 14).

A divorce involving a foreign spouse is registered at the Ministry of Justice office for foreigners’ marriages. It has moved to the New Administrative Capital and has branches in Alexandria and Sharm El Sheikh.

A local maazoun cannot register a divorce when one spouse is a foreigner. A paper signed elsewhere does not replace this registration.

Talaq: when the husband divorces

• He must register the divorce within 30 days of pronouncing it (Law 25/1929, Article 5 bis, added by Law 100/1985).
• The divorce takes effect when he pronounces it. If he hides it from you, it takes effect for you only from the day you learn of it.
• Most divorces are revocable: he can take you back during the waiting period (iddah). The exceptions are the third divorce, a divorce before consummation, a divorce in exchange for money and cases the law makes irrevocable (Article 5).
• Saying “divorced” three times, or giving a number, counts as one divorce (Article 3).
• If he denies a divorce, proof is no longer limited to witnessing and documentation. The Supreme Constitutional Court struck that limit down on 15 January 2006 (case 113/26).
• Draft law, not yet in force: the draft before Parliament would require registration within 15 days with formal notice to the wife. An unregistered divorce would then have no effect.

Before any court case: the Family Dispute Settlement Office

Most family cases cannot go straight to court. You first apply to the Family Dispute Settlement Office, which has 15 days to try to settle the dispute (Law 10/2004).

A case filed without this step is rejected. Urgent matters and enforcement of judgments are exempt. We prepare the application so the 15 days are not wasted.

Khula: divorce without proving fault

Khula lets a wife end the marriage without proving anything against her husband (Law 1/2000, Article 20). In exchange she gives up money, never her children’s rights.

• You return the dowry (mahr) he paid and waive your own financial rights: the deferred dowry, iddah maintenance and mut’a.
• You cannot give up custody or your children’s rights as part of the deal.
• The court must first try to reconcile you. If you have children, it tries twice, 30 to 60 days apart.
• Two arbitrators then try to settle the case, for 3 months at most.
• The judgment is final and cannot be appealed. The Supreme Constitutional Court upheld Article 20 on 15 December 2002 (case 201/23).

Divorce for harm and other legal grounds

Want to keep your financial rights? Then ask the court for a divorce on a ground set by law. These are the main ones.

• Harm: if you prove harm and reconciliation fails, the judge grants an irrevocable divorce (Law 25/1929, Article 6).
• Absence: he has been away for a year or more without a valid excuse (Articles 12 and 13).
• Imprisonment: a final sentence of 3 years or more. You can file once he has served one year (Article 14).
• Non-maintenance: he does not pay your maintenance (Law 25/1920, Article 4).
• A second wife: his new marriage causes you material or moral harm. You must file within one year of learning of it (Article 11 bis).

After the divorce: your money and your residency

The law protects a divorced wife’s money and the children’s needs. These rights come from Law 25/1929 unless stated otherwise.

• Mut’a (compensation): at least two years’ maintenance, if you were not divorced at your request or through your fault (Article 18 bis).
• Iddah maintenance: claim it in time. A claim filed more than a year after the divorce is not heard (Article 17).
• Child maintenance: the father pays. For a daughter it continues until she marries or earns enough to support herself (Article 18 bis 2).
• Housing: he must provide suitable separate housing for the children and you as their custodian (Article 18 bis 3).
• The qayma: the list of household items is treated as a trust, and you are presumed to own what it lists. If he keeps the items, it is breach of trust under Penal Code Article 341.
• Residency: your spouse residency rests on the marriage and your Egyptian residence card. Plan your next basis for living in Egypt before the divorce is final.

Divorcing from abroad, and a foreign divorce in Egypt

You do not always need to travel. A divorce can often be handled in Egypt through a power of attorney. We tell you whether your case allows it and how the document must be worded.

Egyptian consulates abroad can witness a Muslim divorce, but only if both spouses attend in person.

Already divorced abroad? Egypt has been party to the 1970 Hague Convention on the recognition of divorces since 1980. Otherwise you file an exequatur case under Articles 296 to 301 of the Civil Procedure Law.

In that case the court checks jurisdiction, proper notice, finality, reciprocity and public order. It does not re-try the divorce.

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