Divorce in Iran is common and the Iran divorce rate is so high. One reason for the increase in Iranian divorces is the transition from traditional to modern society. Recently, the new Law of Family Protection was updated and we found a stable procedural framework for divorce in Iran.
Based on 1133 of the Iran Code of Civil Law, A man can divorce his wife at any time without any reason. But he should be given a certificate of non-compromise and dowry and alimony payments. Also, a man and woman for divorce need at least two witnesses.
In the new Law of Family Protection and Code of Civil Law, Also a woman can divorce her husband if she has an acceptable cause. For example, if the woman has the right to divorce, she can unilaterally divorce her husband and the man can’t forbid a woman from divorce.
Causes of divorce in Iran
The causes of divorce in Iran are different and Iranian couples decided to separate for lots of things. We investigated some important causes of couple divorce in Iran in this article.
- Traditional marriage without recognition
- Familial interference
- Physical, mental, or emotional torture
- Irreconcilable differences
- Addictions to drugs or alcohol
- Man leaves his family
- Married man again
- Final conviction of the husband to five years, or more, imprisonment
- Husband’s affliction to incurable mental illnesses
Type of divorce in Iran
We have 3 separate types of divorce in Iran. Based on whether the couple has compromised for divorce or not, they can file for divorce.
- Agreed divorce
- Divorce from a man
- Divorce from a woman
Agreed divorce
When a man and a woman decide to divorce and they have compromised, we should consider the agreed divorce law. In an agreed divorce, man and woman compromised about dowry and alimony payments, Children’s custody, and anything they achieved after married.
Then they register with the Judicial Office and refer to the divorce appointment system to be given a time. After that, the couple should follow the course of the consultation. They must attend five mandatory consultations to be given a certificate of non-compromise. This certificate proves irreconcilable differences between them.
After that, women should take a pregnancy test and send this result to finalize the agreed divorce. In this type of divorce in Iran women do not apply for dowry and the couple can be passed zero to 100 divorce steps in about 3-6 months.
Divorce from a man
Two types of divorce For Divorce from a man exist: permanent and reversible. There are different laws. If the man and the woman divorce for the first time, this is a reversible divorce and the man is able to go back to his home and live with his woman without needing marriage again.
But, in permanent divorce in Iran, The couple cannot remarry and live together. When the man goes back to live with his woman after three times of reversible divorces, the woman was a virgin during the couple’s married or the woman is during menopause, this is a permanent divorce and the couple can’t back live together.
In both types of divorce a man, the woman has to wait one hundred days after the divorce ceremony and she can’t be married to another one immediately after the divorce. Also, the woman should take a pregnancy test to divorce the man.
If the couple wants Separation during the engagement, the woman should be taken a virginity test and send that result to the court for the judges. If the woman was a virgin, the man had to pay half of the dowry, and the woman doesn’t have forbidden to marry immediately after divorce.
Divorce from a woman
When the woman has the right to divorce, she can complete the divorce in Iran steps and leave her husband. Based on 1119 of the Civil Code, a woman’s right to divorce is accepted if it has been stipulated in the marriage contract. Also, at the time of the marriage, the couple has to go to the notary public and give the man an official document for the right to divorce his wife.
If the woman doesn’t have the right to divorce, she has to accept the causes of divorce in Iran. For example, if the man leaves his family for 6 consecutive months or 9 months intermittently in a year and doesn’t have any justification for that, a woman can be applying for divorce.
On the other hand, if the man is addicted to drugs or alcohol and refuses to quit them, serves time in prison for 5 years or more, or abuses his wife continuously and the woman can’t live with him, the woman can be completed divorce from a woman steps and separated from her husband.
Ultimately…
Divorce Laws and Regulations in Iran are based on the Code of Civil Law, the law of the family, and the instructions of Islam.in this article, we discuss how couples in Iran can divorce and describe the types of divorce in Iran. If you have any questions about divorce in Iran and need more guidance, contact us. Also you can read the article about choosing divorce lawyer in iran.
FAQ + answer
Who was given Children’s custody after divorce in Iran?
Before 7 years old Children’s custody is with the mother. After that, the girl is only up to 9 years of age and the boy is up to 15 years of age should live with their father. Then, the girl or boy decided to continue living with their mother or father.
Can the couple get back to living together in irrevocable divorce?
In the divorce is through the ‘Khal,’ the woman hates her husband, and the divorce is from a woman with an agreed-upon amount of money. If the woman wants her husband to return the money, the man can come back to live with his wife.