Some legal service providers are conducting divorce proceedings without the presence of both spouses, according to the Bar Council of Bhutan. This practice can lead to issues such as inadequate representation, one partner not being informed about the proceedings, and disputes over finances or property, among other concerns. To ensure the divorce settlements are legally binding and enforceable, the Bar Council advises that marriage certificates should be properly notarised by the Courts for official purposes.
The Bar Council of Bhutan reminds legal professionals to ensure clients notarise their divorce deeds as required to meet legal standards.
Meanwhile, several legal service providers shared that they advise couples to approach the court for marriage certificate cancellations.
They said both spouses must be present for divorce proceedings and that they cannot cancel marriage certificates themselves.
“We do encounter instances when only the husband or the wife come to us to get a divorce but we do not provide services to them as later it might lead to inconveniences or problems. So, we do not acknowledge them,” said Tshewang Norbu, legal documentation service provider at Dremey Rabsel Legal Documentation Service.
“When it comes to marriage certificates obtained from their respective district courts, we draft agreements for married couples stating that they no longer are bound by the marriage certificate. However, we do not have the authority to cancel marriage certificates, as that power lies solely with the court. We then advise couples to take the agreement we drafted to the court if they wish to obtain new marriage certificates,” said Khandu, a lawyer at Kuenphen Legal Services.
“When married couples want to get divorced, we offer services only if both parties are present. If not, we do not draft an agreement. If they choose to proceed with a divorce, we draft a contract and advise them to appeal to the court from which they obtained their marriage certificate within ten days to cancel the certificate,” said Namgay Phuntsho, para-legal at Welfare Consultancy in Legal Service.
Additionally, the legal service providers said they only assist with divorce settlement if clients have a valid marriage certificate.
Meanwhile, the Bar Council of Bhutan told BBS that they have warned legal practitioners who mishandle divorce cases or fail to follow the code of conduct will be held accountable and may face strict disciplinary measures, including suspension or revocation of their license.
Further, the Bar Council urges the public to seek legal services from licensed or certified legal service providers to avoid falling prey to deceptive practices.
According to the Bhutan Living Standards Survey 2022, the divorce rate in Bhutan stood at 3.4 per cent in 2022 with over 16,000 individuals reported as divorced.
Kinzang Lhadon
Edited by Sonam Pem
