Divorce is common within immigrant communities, where the challenges of immigration and changing circumstances often lead couples to obtain a divorce from a foreign court.<\/p>\n\n\n\n\n\n\n\n
The issue, however, is that a foreign divorce is not the end of the road.
Two examples from my practice illustrate the issue.<\/p>\n\n\n\n
Mr. “A” divorced in Canada and transferred one-half of his assets to his wife, only to later discover that his inheritance in Iran had been seized to satisfy her claim for Mehrieh.<\/p>\n\n\n\n
Ms. “B” obtained a Canadian divorce but, upon travelling to Iran, discovered that she had been placed under a travel ban at her husband’s request and could not leave the country.<\/p>\n\n\n\n
Although both presented their foreign divorce judgments before Iranian courts, they received the same response: a foreign divorce judgment has no legal value before Iranian courts, and the parties are still recognized as husband and wife.<\/p>\n\n\n\n
Why?<\/p>\n\n\n\n
Under Iranian law, matters of personal status\u2014including marriage, divorce, and inheritance\u2014are governed by Iranian law for Iranian nationals wherever they reside. Therefore, foreign divorce judgments are not recognized.<\/p>\n\n\n\n
In short, an Iranian divorce requires an order from an Iranian Family Court.<\/p>\n\n\n\n
The Solution<\/p>\n\n\n\n
Article 15 of the Iranian Family Protection Law allows Iranians living abroad to complete an Iranian divorce outside Iran by:<\/p>\n\n\n\n
\u25cf Obtaining a foreign divorce judgment from the competent court;
\u25cf Having the Sigheh-e Talaq pronounced before two just witnesses by an authorized person;
\u25cf Registering the information through the consular application; and
\u25cf Submitting the required documents to the Iranian consular office, after which the divorce is registered and an Iranian divorce certificate is issued.<\/p>\n\n\n\n
The above is provided for general informational purposes only and does not constitute legal advice. Every legal matter requires consultation with a qualified professional.<\/p>\n\n\n\n
Disclaimer<\/strong>: \u0639\u0627\u062f\u0644 \u0632\u0627\u0631\u0639\u06cc<\/strong><\/p>\n\n\n\n Dual-Qualified Legal Professional<\/strong> <\/p>","protected":false},"excerpt":{"rendered":" Divorce is common within immigrant communities, where the challenges of immigration and changing circumstances often lead couples to obtain a divorce from a foreign court.<\/p>","protected":false},"author":1,"featured_media":202,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-19","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-advice"],"_links":{"self":[{"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/posts\/19","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/comments?post=19"}],"version-history":[{"count":2,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/posts\/19\/revisions"}],"predecessor-version":[{"id":201,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/posts\/19\/revisions\/201"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/media\/202"}],"wp:attachment":[{"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/media?parent=19"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/categories?post=19"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adelzareilaw.com\/fa\/wp-json\/wp\/v2\/tags?post=19"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
This article is for informational purposes only and does not constitute legal advice. Readers should obtain independent legal advice regarding their specific circumstances.<\/p>\n\n\n\n
Licensed Paralegal (Law Society of Ontario)<\/strong>
Senior First-Class Attorney at Law (Iranian Bar Association)<\/strong><\/p>\n\n\n\n