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.
The issue, however, is that a foreign divorce is not the end of the road.
Two examples from my practice illustrate the issue.
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.
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.
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.
Why?
Under Iranian law, matters of personal status—including marriage, divorce, and inheritance—are governed by Iranian law for Iranian nationals wherever they reside. Therefore, foreign divorce judgments are not recognized.
In short, an Iranian divorce requires an order from an Iranian Family Court.
The Solution
Article 15 of the Iranian Family Protection Law allows Iranians living abroad to complete an Iranian divorce outside Iran by:
● Obtaining a foreign divorce judgment from the competent court;
● Having the Sigheh-e Talaq pronounced before two just witnesses by an authorized person;
● Registering the information through the consular application; and
● Submitting the required documents to the Iranian consular office, after which the divorce is registered and an Iranian divorce certificate is issued.
The above is provided for general informational purposes only and does not constitute legal advice. Every legal matter requires consultation with a qualified professional.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Readers should obtain independent legal advice regarding their specific circumstances.
Adel Zarei
Dual-Qualified Legal Professional
Licensed Paralegal (Law Society of Ontario)
Senior First-Class Attorney at Law (Iranian Bar Association)
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