Divorce Laws and grounds for divorce in Iran

We are the ‘go to’ experts on all matters involving Sharia Marriages & Divorces in England. If you have concerns about your ‘Dowry’ or ‘Mehr’ and need a lawyer who has all the answers, contact us today or email us your questions.

Whether you are the husband paying the Mehr or the wife wanting to enfore your Mehr, we can help you.

The following is a short summary of Family Law in Iran:

Divorce laws in Iran underwent changes in the 1970s, but changes have been introduced that make ending your marriage more difficult. The divorce rate rose significantly during the 1990s and 2000s, and consequently, any attempts at divorce have been made more complex, due to these changes in the law.

Until 1975, the right of divorce in Iran was only available to husbands; However; men and women are now able to petition the courts for a divorce due to recent changes in the law. In 1992, there were further amendments to the law that expanded the circumstances in which a either person could petition for divorce. These include the following grounds:

• Mistreatment from either spouse
• Husband’s bad behaviour
• Imprisonment for 5 years or more
• Any incurable mental or physical illness
• Addictions that would constitute a danger to the marriage and makes married life impossible
• Deserting or leaving the marital home without reasoning for 6 months or more
• Refusal of tamkin (Islamic duty to submit spouse’s will)
• Polygamy from the husband if first wife has not consented and if the courts considers both wives are treated unequally
• Not providing maintenance to the other spouse

These reforms in 1992 also made the registration of divorce without a court certificate in Iran illegal. This means that traditional methods such as talaq are no longer adequate, and divorces must be recognised by the civil courts. In order to obtain a mutual divorce, for example, the parties must first attend state-run counselling, where both parties are expected to attend family counselling centres, and only after going through this route will a judge be authorised to issue the divorce.

Child custody following divorce in Iran

Following a divorce in Iran, custody is normally awarded to the mother of the children; however, her custody ends when the children turn 7, at which time custody will be returned to the father, unless the court decides otherwise, such as if the father would be proven to be unfit to care for the children; the same may apply to the mother if she is deemed unfit to care for her children. In this case, the court may choose to award custody either to the father, or to other next of kin.

Children may choose who not live with when they reach maturity, although this does not restrict them to simply their mother and father; any other next of kin, such as grandparents, aunts or uncles may be chosen as well. It is important to note that if a woman remarries, she loses all rights to custody of her children from her first marriage.

Child support in Iran is the father’s responsibility, with responsibility passing to the paternal grandfather in the event of the father’s death or inability to support the child. The courts may also choose to enforce child support against a third party if deemed necessary. Children and non-resident parents are allowed to maintain contact as per the law in Iran. If an agreement is not made between parents, then the court will be able to provide a time and place for contact; if a parent fails to ensure the child is available for contact with non-resident parents, they may be found culpable and this may result in a custodial sentence.

Financial settlements following divorce in Iran

Under Iranian law, women who have undergone a divorce are entitled to receive support from their ex-husband during the iddah (a period in which a women may not marry another man following a divorce), which lasts for 3 months and 10 days; in addition, if a wife is pregnant during her divorce, she will be entitled to receive support from her ex-husband until the child is born. The law also allows for settlement of any unpaid parts of the Mehrieh (dowry).

A Mehrieh or Mehr is a type of dowry which is payable to the wife, on demand, at any time after marriage. In English law a Mehrieh can sometimes be considered an enforceable contract, but it is never straightforward. We are regularly asked to represent clients with a Mehrieh and we specialise in the cross-jurisdictional impact of international divorces, especially where there are assets in different countries.

Please note this information is a general overview of the laws of divorce in Iran, provided at the request of some of our clients. Although Iranian divorce law does not apply to couples getting divorced in England or Wales, we often have to advise and represent clients who also have islamic marriage contracts.

We are the experts in representing divorcing couples who married in countries where Sharia Law applied. This is a very specialised and niche area of law. If you are going through a complex multi-jurisdictional divorce, contact us, and we will have the solution to your specific circumstances.