Divorce under Iranian Law
In this article, we are going to explain various possible types of divorce under Iranian law. Divorce is a common legal event that has various legal and financial effects on both husband and wife. Therefore, the parties should be aware of the divorce process and its consequences before initiating the legal suit.
Various types of divorce under Iranian law
In the Iranian legal system, there are three main categories of divorce:
1. Divorce initiated by the husband
According to Article 1133 of the Iranian Civil Code and Article 29 of the Family Protection Law of Iran, the husband has the authority to initiate divorce proceedings. He is also legally required to fulfill his financial obligations towards his wife, which include providing for her rights such as dowry, alimony, and quantum meruit. The issue of the wedding trousseau should also be addressed during this process.
There are two types of divorce for men in Iran: reversible and permanent. In a reversible divorce, the man can go back to living with his wife after the first divorce without needing to remarry. In a permanent divorce, the couple cannot remarry and live together. After three reversible divorces, the couple cannot live together if the woman was a virgin during marriage or is menopausal. In both types of divorce, the woman must wait one hundred days after the divorce ceremony before being able to remarry. Additionally, she must take a pregnancy test before the divorce is finalized.
If a couple decides to separate during their engagement, the woman must undergo a virginity test and provide the results to the court. If she is found to be a virgin, the man must pay half of the dowry and the woman is not prohibited from marrying immediately after the divorce.
Under Iranian law, both men and women must attend counseling sessions before finalizing a divorce. If they are unable to reach a compromise and decide to proceed with the divorce, they must obtain a certificate from these counseling centers known as the “Certificate of not giving up on divorce,” which needs to be submitted to the court. (For more information you can click Divorce Laws and Regulations)
2. Divorce initiated by the wife
Divorce initiated by the wife is permitted under certain conditions outlined in the Civil Code. In Iran, when a woman has the right to seek a divorce, she can follow the necessary steps to end her marriage and leave her husband. According to Article 1119 of the Civil Code, a woman’s right to divorce must be specified in the marriage contract. Additionally, during the marriage ceremony, the couple must visit a notary public to provide the man with an official document granting the woman the right to initiate a divorce. If a woman does not have the right to divorce, she is required to abide by the legal grounds for divorce in Iran.
These conditions include: the wife having legal representation, the husband failing to provide alimony, and evidence of distress or constriction on the wife’s part. This distress can be shown through various factors such as the husband abandoning family life, addiction issues, imprisonment, abuse, or serious illness. In such cases, the wife has the right to request her dowry and its corresponding value. The husband must provide evidence of inability to pay the dowry if necessary. The wife may also demand half of the husband’s property, especially if she can prove his misconduct. As it was previously mentioned, counseling sessions are recommended before finalizing a divorce.
3. Divorce by mutual consent
Mutual consent divorce involves both spouses coming to a mutual agreement and negotiating terms, including dowry settlement. The court respects and enforces these agreements. Article 25 of the Family Law mandates that couples seeking mutual divorce must attend a family counseling center, where they can immediately begin the process. If either party remains firm in their decision to divorce, the counseling center will inform the court of the agreed-upon terms, assisting in the final decision. This legal approach promotes counseling before divorce, creating a smoother and more cooperative process for all involved.
When a man and a woman mutually agree to divorce and come to a compromise, the agreed divorce law should be observed. In an agreed divorce, the couple reaches compromises on matters such as dowry and alimony payments, children’s custody, and the division of assets acquired during the marriage. They then register their agreement with the Judicial Office and schedule a divorce appointment. Subsequently, the couple must participate in a series of five mandatory consultations to obtain a certificate confirming their inability to reconcile their differences.
Financial commitments in divorce proceeding under Iranian law
Per Article 22 of the Family Law, the collection of a dowry of up to one hundred and ten coins or its equivalent at the time of marriage is governed by Article 3 of the Law on the Execution of Financial Convictions. If the dowry exceeds this amount, only the husband’s financial capacity to pay the surplus is considered. (For more information, you can click Separation of Property)
According to Article 3 of the Law on the Execution of Financial Convictions, failure to pay the dowry can lead to the husband’s imprisonment until the debt is settled. However, the husband can be released if he can prove his insolvency or if the wife consents to his release.
Furthermore, under Article 22 of the Family Law, a woman can demand her dowry without seeking divorce, and the full amount, not limited to 110 coins, can be claimed. The court may order the immediate payment of 110 coins and the rest if the husband is financially capable. (For more information, you can click Family Law).
Do not hesitate to contact our lawyers in Iran Best Lawyer and discuss your questions regarding divorce procedure under Iranian law.
