How Is Divorce Handled for Iranians Living Abroad?
Divorce is one of the most significant personal legal matters, carrying substantial individual and social consequences. Within the framework of personal status law, the application of relevant regulations to Muslims is particularly important.
When Iranian nationals migrate to another country, their personal and family matters remain subject to the laws of the Islamic Republic of Iran.
According to the Iranian Civil Code, all regulations on personal status, including legal capacity, marriage, divorce, inheritance, and related matters, apply to Iranian nationals even if they reside outside the country. Therefore, the registration of divorce for Iranians living abroad remains directly connected to Iran’s domestic legal system.
Procedures for Registering Divorce at Iranian Consulates
Divorce of Iranians Residing Abroad
To address this matter, it is first necessary to clarify certain points regarding divorce applications filed by Iranians living abroad. Under Iranian law, if one spouse resides in Iran and the other resides outside the country, the divorce petition must be filed with the court having jurisdiction over the spouse’s residence in Iran. In this respect, there is no distinction between men and women.
If both spouses reside outside Iran, whether in the same country or in different countries, the divorce application must be filed with the courts in Tehran. Filing the petition in other cities or provinces is possible only with the mutual consent of both parties.
Divorce Lawyer for Iranians Living Abroad
Although appointing a lawyer for this process is not legally required, the need for legal representation is undeniable. In the absence of a lawyer, individuals often face numerous legal and procedural challenges and, in many cases, must retain legal counsel midway through the process.
A competent lawyer must possess expertise and sufficient familiarity with the laws governing divorce for Iranians residing abroad, as well as the procedures for registering such divorces. In these circumstances, a power of attorney may be sent by post. Additionally, individuals may grant legal authority to their chosen family lawyer by registering a power of attorney through the Mikhak system or at the Iranian embassy or consulate in their country of residence.
Soroush Salamian Law Firm provides comprehensive legal services in this field and facilitates the divorce process without requiring clients to be physically present in Iran.
Divorce Process for Iranians Living Abroad
The divorce process generally includes the following stages:
- Filing the divorce petition.
- Participation in reconciliation sessions.
- Attendance at court hearings.
- Participation in counseling and arbitration sessions.
- Referral to official divorce registration offices for the formal execution of the divorce formula.
- Observance of the waiting period (iddah) by the wife.
All of the above steps also apply to divorce cases involving Iranians residing abroad. Given the difficulty of attending multiple in-person sessions, appointing an experienced lawyer can effectively eliminate the need to travel to Iran and attend court proceedings in person.
Referring to Foreign Authorities for Divorce Application and Registration
It is important to note that citing foreign authorities or courts generally does not produce a legally binding outcome. This is because only a limited number of courts worldwide apply Islamic or Iranian legal principles in divorce matters.
If a foreign court issues a divorce in full compliance with the rules governing divorce and the formal divorce formula under Iranian law, such a divorce may be considered valid. However, the divorce process must be conducted by institutions approved by the laws of the Islamic Republic of Iran. Due to the numerous legal complexities involved, it is strongly recommended that divorce proceedings be conducted in accordance with Iranian regulations.
Registration of Divorce for Iranians Living Abroad
Registration for divorce for Iranians residing abroad requires referral to the Iranian consulate in their country of residence. Under the laws of the Islamic Republic of Iran, Iranian nationals living abroad must submit their written request for divorce registration to the relevant Iranian consulate.
A key point is that a revocable divorce can be registered only after the wife’s waiting period has ended. Accordingly, the registration of such a divorce must be requested by the spouses jointly or by the husband. In the event of an irrevocable divorce, the wife is also entitled to submit a registration request.
Frequently Asked Questions Regarding the Divorce of Iranians Living Abroad
All Iranian personal status laws, including those related to marriage and divorce, apply to Iranian nationals even if they live outside the country. The registration of divorce is therefore subject to the regulations of the Islamic Republic of Iran.
If one spouse resides in Iran and the other abroad, the application is filed with the court in Iran. If both spouses live abroad, the application must be submitted to the courts in Tehran. Filing in other cities is possible with mutual consent.
Appointing a lawyer is not mandatory, but it is highly recommended. A professional lawyer familiar with the relevant regulations can manage the process efficiently without requiring the client’s presence in Iran.
The stages include filing the petition, attending reconciliation sessions, court hearings, counseling and arbitration sessions, registering the divorce with the official offices, and the wife observing the waiting period.
In most cases, referring to foreign courts is ineffective unless the court fully applies Iranian divorce laws. A valid divorce must comply with Iranian regulations, and an authorized authority must issue the divorce decree.
Divorce registration requires submitting a written request to the Iranian consulate in the country of residence. For revocable divorces, registration is possible only after the waiting period has elapsed. In an irrevocable divorce, the wife may also request registration.
Yes. Registration of a revocable divorce requires completion of the waiting period and may be requested only by the husband. In an irrevocable divorce, the wife may also apply for registration.
Yes. A power of attorney may be sent by post or registered through the Iranian embassy or consulate, enabling a family lawyer to complete the divorce process without the individual’s direct presence. How is divorce applied to Iranians residing abroad?
Which court has jurisdiction over divorce applications for Iranians living abroad?
Is appointing a lawyer mandatory for the divorce of Iranians living abroad?
What are the stages of divorce for Iranians residing abroad?
Is referring to foreign courts effective for divorce?
How is divorce registered for Iranians living abroad?
Is there a difference between revocable and irrevocable divorce in registration?
Can a divorce power of attorney be sent by post?
