Conditions Incorporated into the Marriage Contract

Conditions Incorporated into the Marriage Contract

Marriage is a contractual relationship between a man and a woman. Upon the conclusion of this contract, the parties may include additional conditions alongside obligations imposed by law and agreed to by mutual consent.

These conditions are known as conditions incorporated into the marriage contract. They are valid provided that they are lawful and do not conflict with the essence of the contract or with mandatory legal rules, namely, rules relating to public order and the prevention of harm.

One of the most important objectives of incorporating conditions into the marriage contract is to establish equality between the spouses. Under such conditions, each party may acquire additional rights vis-à-vis the other, thereby allowing the marital relationship to begin on a more balanced and equitable basis.

These conditions vary from country to country depending on legal principles, cultural background, and social values. In Iran, such conditions are formulated in accordance with religious principles and Islamic legal rules.

Inclusion and Proof of Conditions in the Marriage Certificate

Rights After the Conclusion of Marriage

Under the standard marriage contract, certain rights of the wife, including the right to education, the right to leave the country, the right to employment, and even the right to leave the marital home, may be restricted and placed under the husband’s authority. In such cases, the wife may not exercise these rights without the husband’s consent. By incorporating specific conditions into the marriage contract, many marriages are structured differently, allowing both spouses to enjoy more equal rights from the outset.

Characteristics of Conditions Incorporated into the Contract

Conditions incorporated into a contract are subordinate to the principal contract and constitute agreements included within its framework.

The lack of independence of such conditions and their dependence on the principal contract result in the following legal consequences:

If the principal contract is dissolved by legal means, such as termination by one party, automatic dissolution for a legal cause, or mutual rescission by agreement of the parties, the incorporated conditions are also terminated. For example, in a lease agreement requiring the tenant to safeguard the landlord’s property, the tenant’s obligation ceases upon termination of the lease.

If the principal contract is proven to be void from the outset, the incorporated conditions are likewise void and without legal effect.

If the incorporated condition itself is void, the principal contract remains valid, and the presumption of validity applies, unless the law expressly provides that the invalidity of the condition renders the contract void.

In the event of invalidity or dissolution of the principal contract, the parties may not revoke the incorporated conditions independently or without mutual consent before dissolution of the main contract.

Types of Conditions Incorporated into the Marriage Contract

Pursuant to Article 234 of the Iranian Civil Code, incorporated conditions are divided into three categories: condition of attribute, condition of act, and condition of result.

• Condition of Attribute: This condition relates to specific qualities or characteristics stipulated for the subject matter of the contract, whether qualitative or quantitative. For example, if a ring is purchased under the condition that it is made of gold, and it is later discovered that the ring is not gold, the buyer may rescind the contract pursuant to Article 235 of the Civil Code.
• Condition of Act: This condition involves an obligation to perform or refrain from performing a specific act as part of the contract. For instance, if the sale of certain property is stipulated as a condition in the contract, failure to perform the obligation allows the other party, pursuant to Article 237 of the Civil Code, to seek enforcement in court. If enforcement proves ineffective, the aggrieved party may rescind the contract in accordance with Article 239 of the Civil Code.
• Condition of Result: Under this type of condition, the intended legal effect occurs immediately upon conclusion of the contract without the need for any further action. For example, granting the wife a power of attorney for divorce constitutes a condition of result and takes effect automatically upon execution of the marriage contract.

Supplementary and Agreed Conditions Between the Spouses

In addition to the standard conditions included by default in the marriage certificate, the spouses may incorporate additional conditions by mutual agreement. Examples of such supplementary conditions include:

The wife may stipulate the right to custody of the children in the event of divorce.

The right to choose the city of residence and the marital home may be granted to the wife.

The wife may stipulate the right to continue her education.

The wife may also stipulate the right to employment. However, it should be noted that merely including a general employment condition is not sufficient. The occupation must be customary and acceptable under social norms and family standards. Under the law, the husband retains the right to prevent the wife’s employment if it is deemed contrary to family interests or the dignity of either spouse.

Frequently Asked Questions About Conditions in the Marriage Contract