What Is an Irrevocable Divorce?

What Is an Irrevocable Divorce?

Divorce is the dissolution of a permanent marriage and is generally classified into two categories: revocable and irrevocable. Irrevocable divorce has several forms. Unlike a revocable divorce, in an irrevocable divorce, the husband has no right to resume the marriage during the waiting period.

The types of irrevocable divorce vary depending on the nature of the spouses’ separation, and each has specific legal conditions. Common questions in this area include what an irrevocable divorce is, the types of such divorces, and how the waiting period and dowry are treated in such divorces. To address these issues, it is necessary first to clarify the precise meaning of an irrevocable divorce and then to explain its main legal consequences.

Legal Effects of an Irrevocable Divorce on the Spouses

Definition of Irrevocable Divorce

In an irrevocable divorce, the husband cannot unilaterally resume the marriage. In other words, if the spouses wish to reunite, they must conclude a new marriage contract.

This type of divorce does not grant the husband a right of reference, and the general rule is that the husband’s right to return is absent, except in certain specific situations. For example, in some cases of khulʿ and mubarat divorce, the husband’s right to resume the marriage may arise under particular legal conditions.

Types of Irrevocable Divorce

Pursuant to Article 1145 of the Civil Code, irrevocable divorce is recognized in the following forms:

• Divorce Before Consummation: A divorce that occurs before consummation is one type of irrevocable divorce recognized by the Civil Code. This form often arises during the engagement period under the marriage contract; because consummation has not occurred, there is no waiting period.
• Divorce of a Postmenopausal Woman: Under the Civil Code of the Islamic Republic of Iran, a postmenopausal woman is not subject to a waiting period and may remarry immediately after divorce. The waiting period exists primarily to prevent uncertainty regarding lineage. Since pregnancy is not possible in this situation, a waiting period does not apply. Such individuals are commonly in the age range of 50 and above, and their divorce is treated as irrevocable, with no waiting period.
• Khulʿ Divorce: Khulʿ divorce is among the most common forms of irrevocable divorce. In this type of divorce, the wife, due to a lack of affection toward her husband, obtains a divorce by transferring property to him, typically by waiving her dowry. In this arrangement, the wife grants the husband property due to aversion, and the husband divorces her in exchange. The transferred property may be the dowry or another asset. A waiting period applies in khulʿ divorce. However, the husband generally has no right to return, as the wife has waived her right to the dowry. If, during the waiting period, the wife revokes her waiver and seeks to reclaim what she transferred, then the husband’s right to resume the marriage may arise.
• Mubarat Divorce: Mubarat divorce is another form of irrevocable divorce. In this type, the spouses mutually agree to separate due to mutual aversion and finalize the separation under the terms they agree to.
• Triple Divorce: Another category commonly discussed is triple divorce. This term refers to the third divorce that occurs after two prior revocable divorces or after a new marriage contract has been concluded following earlier divorces. This form is also treated as an irrevocable divorce.

The Waiting Period in an Irrevocable Divorce

The waiting period is the period following divorce during which a wife may not remarry. If the wife intends to marry someone else, she must wait until the waiting period expires before she can legally remarry. Pursuant to Article 1151 of the Civil Code, the waiting period for annulment of marriage and divorce is three menstrual cycles.

If the woman, due to age, does not experience menstruation, her waiting period is three months. As noted above, there is no waiting period in an irrevocable divorce that occurs before consummation or in the divorce of a postmenopausal woman. However, in khulʿ and mubarat divorces, observance of the waiting period is required, even though the husband does not have the right to return during that period.

Dowry in an Irrevocable Divorce

In an irrevocable divorce, the dowry is generally governed by the amount stipulated at the time the marriage contract was concluded, particularly where the husband initiates the divorce. However, in a khulʿ divorce, due to factors such as the wife’s aversion and her waiver of the dowry, the husband is typically not obliged to pay the dowry.

Frequently Asked Questions About Irrevocable Divorce