Divorce in Iran is governed by Islamic law, which is also referred to as Sharia. These “Sharia” based rules are mirrored in the family support Act and the Iranian civil code, where marriage and divorce are gravely discussed in the personal status chapter. The process of divorce in Iran can be complex, and it is important for couples who are considering divorce to understand the legal system and their rights.
Under Iranian law, divorce can only be granted by a court, and there are several different types of divorce available. The most common type of divorce is known as talaq, which is initiated by the husband.
In this case, the husband must state his intention to divorce his wife, either in person or in writing. Another type of divorce is khula, which is initiated by the wife. In this case, the wife must petition the court for a divorce and provide a valid reason, such as cruelty or neglect by her husband. If the court agrees that there is a valid reason for the divorce, it will grant the divorce and the wife will be required to pay back the mahr (dowry) that she received from her husband.
In addition, there is also an annulment known as Faskh, which can be initiated by either spouse.
The curious case of “Terms Of Contract”
Nowadays, women can have some terms included in the marriage certificate that allow them to divorce themselves on behalf of the husband who has the right to divorce the woman.
This authorization is highly dependent on the bargaining power of the parties to include them in the marriage contract or not.
The inclusion of these Terms is a very sensitive matter and should be dealt with, with surgical precision as they can have a grave effect on the relationship, the marriage, and the divorce. We advise you to seek the advice of an expert before marriage and divorce.
The process of divorce in Iran can be lengthy and complicated, and it is recommended that couples seek the advice of a qualified lawyer who specializes in family law. MJK Law Firm is a reputable law firm with a team of experienced lawyers who specialize in divorce and family law. If you are considering divorce in Iran, we encourage you to contact our office to schedule a consultation.
Finances
One of the key issues that couples must consider in a divorce is the division of marital property.
In addition, Iranian law provides for spousal support, known as Nafaqe. The amount of Nafaqe that is awarded depends on a variety of factors, including the length of the marriage, the financial resources of each spouse, and the standard of living before the marriage.
This obligation of the husband does not cease to exist until 70-100 days after the notarization of the divorce (depending on the type of divorce).
However, It should be noted that in cases where the woman refuses to fulfill her marital duties, she will no longer be entitled to alimony.
Dowry
In Islam and the Iranian legal system, the woman can ask for a dowry (Mahr, Mahriyyeh, Sidaq) from her future husband, which in most cases is a big amount of money to be paid in the future, during the marriage or after the divorce. Any and nothing but assets that have economic value can be Mahr. This means that urban myths about asking for a leg and an arm are nothing but fiction.
Poa for Divorce in Iran
One of the most important steps in following a divorce case is granting Power of Attorney (Vekalatnameh) to a lawyer or a family member. If you are in Iran and you want to grant POA to a lawyer, you can do this through your Sana services or going to their place of work. If you seek to grant Power of Attorney to a friend or a relative you must go to a notary and in case you are abroad you can do both of these through Mikhak services you can read about this on our dedicated page here.
How long does it take to divorce in Iran?
Answering this question totally depends on the cases, but considering the majority of cases, you can expect at least a 3-6 month period for a consented divorce to finalize. Much longer periods also have been observed.
Furthermore, it is typical that divorce petitions which are submitted by the woman have a longer waiting period.
How do I get divorced if I get married in Iran?
Marriages which are registered in Iran can be as valid as marriages registered abroad, depending on your country of residence or the country in which you want to present your documents.
Custody
Generally, the custody of children under 7 is with the mother and after that until the age of pubescent (9 for girls and 15 for boys) is with the father, and after that age, children themselves will choose their place of residence.
These rules can be challenged by proving the inability of the mother or the father in taking good care of the children.
However, this does not take away the authority and duties of the father as a guardian, and his consent will be the determining factor in the financial and marital decisions of children under 18 and the marital choice of the girls until their first marriage.
Viduity Period (Iddah) (How long after the divorce must a woman wait to remarry?)
In order to preserve the legitimacy of lineages, the legislator has predicted a system of viduity, in which depending on the type of divorce, women must wait for the duration of three menstrual periods or 100 days, and only after that are allowed to marry another man.
During this period, if the man who divorced his wife, decides to return to his wife, she shall not oppose that, unless she files for a divorce.
In the case of the death of the man, during the viduity period, the period extends for another month, making it a 130 days waiting period.
As an exemption to the rule, women who are menopausal do not have a viduity period and can get married after the moment the divorce finalizes. Another exemption is where the marriage has not been consummated.
Conclusion
In conclusion, divorce in Iran is governed by Islamic law and can be complex and challenging. If you are considering divorce, or you are in the process of divorce, it is important to seek the advice of a qualified lawyer who can guide you through the process and protect your rights. MJK Law Firm is a reputable law firm with a team of experienced lawyers who specialize in divorce and family law. We encourage you to contact our office to schedule a consultation.