Family Lawyer in Iran
Why is it necessary to have a family lawyer in family disputes and issues, and what qualities should the right family lawyer possess?
A family lawyer in Iran is one of the most important legal specialists who plays a crucial role in complex and sensitive family issues such as divorce, dowry, child custody, and alimony. In today’s complicated and challenging world, family disputes can be among the most sensitive and complex legal matters. Considering that, when dealing with family matters, it is essential to avoid rigid and strict legal rules as much as possible, and the steps taken must prioritize preserving the family unit with great caution and foresight. Choosing a specialized and experienced family lawyer, who is proficient in family matters and also pays sufficient attention to the emotions and foundation of the family, plays a vital role in protecting your individual and legal rights. In this article, we will introduce you to family lawyers, their areas of practice, and how to select a family lawyer.
The necessity of having a family lawyer in Iran
The necessity of having a family lawyer in family disputes is because family matters not only have a legal aspect but also emotional and psychological dimensions. Therefore, parties are likely to be unable to control their emotions and follow a rational path without conflict. Hence, having a family lawyer and consultant, who addresses legal issues alongside efforts to establish reconciliation, is essential for preserving the family unit, including maintaining the peace of children, while properly ensuring the rights and commitments of both parties.
In cases of incompatibility between spouses and the decision to separate, the primary duty of a family lawyer is to assess the current situation, the degree of differences between the parties, and, most importantly, whether there are common children or not. Based on this, the family lawyer should provide the necessary consultations to both parties and attempt to solve the problem and create reconciliation by reminding them of their obligations and rights. Ultimately, if reconciliation fails, the divorce process will begin, where efforts to avoid family conflict and struggle will be prioritized, and decisions and agreements in a peaceful and calm atmosphere will be crucial for the family lawyer to encourage, especially regarding issues like dowry, custody, wedding gifts, alimony, etc.
Characteristics of a Professional Family Lawyer in Iran
Since legal issues are broad and diverse, the management of each case must be handled by a lawyer who has experience and knowledge in that specific field, along with the personal traits and qualities suited to that area. Due to the nature of family matters and their complexity and sensitivity, the resolution of these issues must be guided by a thoughtful and expert family lawyer who is well-versed in these matters. Some of the characteristics that a family lawyer should have are:
1. Expertise and Experience
To effectively and correctly address family challenges and issues, the lawyer must have sufficient experience in this area and understand the best way to solve problems among various available methods, applying them to guide the client better. Therefore, the lawyer must have sufficient expertise and experience in family law to provide effective and legal solutions for you.
2. Negotiation Skills
In family matters, the priority is to establish peaceful agreements and negotiations between the parties. A family lawyer must prioritize negotiations and reaching constructive agreements over litigating in court. Before applying rigid legal rules and going through the court process, which could weaken and harm the family, the lawyer should seek to resolve problems through negotiation and consultation.
3. Knowledge of Legal Changes
It is crucial for a lawyer to be up-to-date and aware of newly enacted laws or changes to previous laws, as it can significantly impact the outcome of your case.
4. Considering the Welfare and Preservation of the Family Unit
Unlike other legal issues, family matters have fundamental implications for society. Before taking any action, the family lawyer must assess the consequences and ramifications of those actions, particularly considering the welfare of the family and, especially, the children.
Common Family Law Cases in Iran
1. Divorce
Divorce and separation between spouses can occur in two ways. One is when the parties agree to separate, mutually request divorce, and settle issues like dowry, alimony, custody, and asset division, in which case no court judgment is needed for resolving these issues. In another scenario, spouses do not have an agreement and understanding, and when one party requests divorce, the court must make decisions regarding the divorce and other related matters, including the financial and non-financial rights and obligations of both spouses.
2. Judgment for Payment of Dowry
Dowry is one of the legal rights of women, recognized under Article 1082 of the Civil Code, and upon the occurrence of marriage, the wife gains control over it. She has the right to request payment of the dowry at any time from the husband. If not paid, either during the marriage or when requesting divorce, the wife has the right to request enforcement of her dowry through the court.
3. Alimony and Financial Rights of Spouses
One of the husband’s duties in the marriage is to provide alimony for his wife and children during their married life, with the amount being determined under Article 1107 of the Civil Code: “All reasonable needs and those commensurate with the wife’s status, including housing, clothing, food, household goods, and medical and health costs, and a servant if customary or required due to illness or deficiency. The husband’s economic ability or the family’s financial status serves as a criterion for determining the alimony.” If the husband fails to pay alimony, the wife has the right to file a lawsuit and request a court order for its payment.
4. Child Custody
One of the most important issues in divorce is child custody. The law specifies criteria for determining custody, where the general rule is that the mother has custody of the child until the age of 7, after which it belongs to the father. However, spouses may agree on different arrangements.
Pooya Yaghoobirad Law Firm Services
Pooya Yaghoobirad Law Firm, with a team of specialized and experienced lawyers in family law, is ready to assist you at every stage of your family cases, from consultation to litigation. Our legal team, with complete mastery of laws and practical experience in courts, as well as in fostering peace and reconciliation between the parties, can provide appropriate and practical solutions to defend, prove, and resolve family-related problems.
If you need a family lawyer for lawsuit in Iran, Iran Best Lawyer can provide you with the most professional and experienced lawyers available.
