Anyone who has been to the North Vancouver court before will see there is a lot of Iranian divorce in BC. There are a lot of Persians on the North Shore of Vancouver.

The Iranian community in BC is growing, mostly in North Van, with an estimated 25,000 Iranians living in the province. As with any community, divorce is a reality for some couples and Iranian divorce law can play a role in the process. This article will explore the basics of Iranian divorce law and how it applies in BC.

Iranian Divorce Law

In Iran, divorce is typically initiated by the husband, and a wife must have a valid reason, such as abuse or infidelity, to seek a divorce. Islamic law governs divorce in Iran, and there are several types of divorce available, including:

Talaq: This is a unilateral divorce initiated by the husband.

Khula: This is a divorce initiated by the wife, where she gives up her rights to the husband’s financial support and property in exchange for a divorce.

Mubarat: This is a mutual divorce initiated by both parties.

In BC, the Divorce Act governs the process of divorce, but Iranian law can still be a factor in some cases if the parties have to deal with assets in Iran.

High Profile Persian Divorces

Iranian-Canadian divorces have recently attracted attention from the media in Vancouver, particularly those involving wealthy individuals. One case in 2018 involved a wealthy businessman who was ordered to pay his ex-wife $154 million after a 20-year marriage.

The ex-wife argued that she had played a significant role in building her husband’s business and deserved a fair share of the assets. This case was notable for the large settlement amount, as well as the revelation that the husband had hidden assets in offshore accounts.

Another case involved a 14-year marriage that ended in divorce in 2016. The husband claimed that his wife had been physically and emotionally abusive throughout their marriage, while the wife accused him of infidelity.

The case went to trial, and the judge ultimately awarded the wife $100,000 in spousal support and ordered the husband to pay her legal fees.

Iranian Divorce And Restraining Orders

A third case involved an Iranian-Canadian woman who filed for divorce from her husband after he was charged with sexually assaulting a family member.

The woman had initially supported her husband but changed her mind after learning more about the allegations against him. The court granted her a restraining order against her husband.

While these cases are relatively rare, they illustrate the complex issues that can arise in Iranian-Canadian divorces, including financial arrangements, abuse allegations, and criminal charges.

Statistics show that divorce rates in Canada have been declining in recent years, with a rate of 2.9 per 1,000 population in 2018, down from 3.1 in 2017.

Rates are higher among certain groups, including those who have been previously divorced, those who cohabit before marriage, and those who marry at a young age.

Iranian associations and organizations in Vancouver

Alternative dispute resolution methods, such as mediation and arbitration, are increasingly popular among Iranian couples in Vancouver who wish to settle their divorces outside of court.

These methods are generally less adversarial and more flexible than traditional court proceedings, making them a suitable option for those who wish to maintain an amicable relationship post-divorce.

Iranian associations and organizations in Vancouver also provide support and resources for individuals going through a divorce, including legal advice and counselling.

How Iranian Divorce Law Applies in BC

If both parties in a divorce are Iranian and they were married in Iran, Iranian law may apply to their divorce proceedings. However, if they were married in BC or another jurisdiction, Canadian law will generally apply.

Even if Iranian law applies to a divorce case in BC, it may not be enforced in its entirety. For example, under Iranian law, custody of children is typically awarded to the father, but this may not be the case in BC. Canadian courts will consider the best interests of the child when making custody decisions.

Seeking Legal Advice

If you are an Iranian resident of BC and are considering divorce, it is important to seek legal advice from a lawyer who is familiar with Iranian divorce law.

A lawyer can help you understand your rights and obligations under Iranian law and how they may be affected by Canadian law.

In addition to legal advice, it may be helpful to seek support from other members of the Iranian community who have gone through a divorce. There are a number of Iranian associations and organizations in BC that can provide support and resources.

Statistics

According to Statistics Canada, divorce rates in Canada have been declining in recent years. In 2018, the divorce rate was 2.9 per 1,000 population, down from 3.1 in 2017.

However, divorce rates are higher among certain groups, including those who have been previously divorced, those who cohabit before marriage, and those who marry at a young age.

In terms of the Iranian community in BC specifically, there is limited data on divorce rates. However, the community has been growing in recent years, with the Iranian population in BC increasing by 20% between 2011 and 2016.

Canadian courts in family matters

In a British Columbia Supreme Court decision of Zargarian-Tala v. Bayat-Mokhtari 2019 BCJ No., 497, the court stated that Iranian family law is founded in Islamic Shariah Law and that the Iranian courts do not recognize the orders of Canadian courts in family matters.

In the eyes of an Iranian court, notwithstanding the divorce order made in Canada, the parties are still married.

If you need help with Iranian family law in BC, then find a lawyer on our lawyer listing.

The court stated that there is a pronounced asymmetry of position between husbands and wives.

Iranian Divorce

Within a marriage, wives owe obligations of obedience to their husbands. A husband may bring legal proceedings against a wife to sanction her for disobedience to her husband.

Disobedience may include a refusal to follow the husband’s instructions, reside with the husband, satisfy his sexual needs, or physical or emotional unfaithfulness. Potential punishments for disobedience include fines, lashing, and capital punishment including death by stoning.

The court further stated that a husband whose wife has been disobedient may obtain permission from the court to take a second wife without obtaining a divorce.

What financial obligations does a husband owe to a wife?

In a British Columbia Supreme Court decision of Zargarian-Tala v. Bayat-Mokhtari 2019 BCJ No., 497 at paragraph 27, the court stated that the marriage contract may provide for a Dowry payment called “Mehr” or “Mehrieh” by the husband to the wife.

The husband is subject to an ongoing obligation to pay financial support called “Nafagheh” for the duration of the marriage and for up to three months and ten days after separation.

The husband may have other financial obligations including “Ojratealmesl,” a right to be paid according to custom and usage for work performed at the husband’s request, and “Jahizieh,” an obligation arising from wealth transferred from the wife’s family to the husband at the time of the marriage.

How does a Dowry payment in the form of a Mehrieh or Mehr function?

An Iranian marriage certificate there includes a ‘marriage portion’ which addresses a dowry which may include a volume of the Holy Koran, a pane of a mirror, a pair of candleholders, and gold coins that are payable to the wife upon her demand. This ‘marriage contract’ or marriage agreement is signed by the two spouses.

The gold coins may be numbers based on the numeric calculation of the wife’s name or date of birth. For example, 700 gold coins referenced in the marriage portion are approximately $276,000. Often, the amount of Mehrieh or Mehr depends on how much the man values the woman, and in recent times, it is more of a status symbol.

This Dowry is to be paid by the husband to the wife in the event of a separation. Sometimes in the marriage portion of the agreement, the husband may be subject to paying the gold coins upon the wife’s demand, prior to separation or divorce.

Iranian Family Law BC- Dowry, Mehrieh or Mehr?

A Dowry in the form of a Mehrieh or Mehr is a customary tradition of Iranians for the husband to show his devotion and commitment to the marriage. The amount of Mehrieh or Mehr is traditionally negotiated by the families at the time of the couple’s engagement.

The Mehrieh or Mehr is a form of financial support for the wife upon separation. On occasion, the husband does not in fact have the financial means to pay the dowry upon marriage, which could cause problems when the parties separate.

In the event of failing to pay Mehrieh or Mehr upon separation, the former ex-husband may be jailed until the full amount is paid.

How is Dowry, Mehrieh, or Mehr addressed in a family law proceeding?

In Islamic Shariah Law, the process of obtaining a divorce is to appear before the family court and to resolve legal issues for claims in respect of a Dowry, Mehrieh, or Mehr. The outcome is reflected in the court’s order and the divorce is granted by the court and registered in a Divorce Notary Public Office.

It is also easier for a husband to obtain a divorce than it is for a wife. The husband’s cooperation and consent are required.

In a British Columbia Supreme Court decision of Fakhri v. Vafadar Moghadam 2012 BCJ No. 2954 at paragraph 34, the court stated that the wife cannot travel to Iran to retrieve the Mehrieh or Mehr because she would not be permitted to leave the country without the permission of her husband.

BC Iranian Family Law

In a British Columbia Supreme Court decision of Zargarian-Tala v. Bayat-Mokhtari 2019 BCJ No., 497 at paragraphs 39 and 40, the court stated that there is an alternative procedure available where both parties are outside of Iran at the time of application, the parties already have a foreign divorce certificate, and the parties have agreed on a divorce and the disposition of the Mehr.

In that case, the divorce can be obtained by registering documents at an Iranian embassy or, in North America, at an office maintained at Pakistan’s embassy in Washington, D.C.

The alternative procedure is only available where both parties are not present in Iran at the time the papers are submitted for registration. The registration procedure can take between 40 and 140 days. Iran tracks the movements of its citizens in and out of the country.

Is a Dowry, Mehrieh, or Mehr considered a family asset?

In a British Columbia Supreme Court decision of Amlani v. Hirani 2000 BCSC 1653, the court stated that a Mehrieh or Mehr is characterized as a separate property interest that exists independently of the matrimonial or family assets and crystallizes upon the breakdown of the marriage.

The claim for a Mehrieh or Mehr can be asked in addition to the matrimonial home or family assets. Therefore, the husband is placed in an unfair situation.

Iranian Divorce

Is the Iranian marriage contract or marriage agreement enforceable?

In a British Columbia Supreme Court decision of Sharifpour v. Rostami 2018 BCJ No. 895, the court stated that the marriage contract was entered into only because the respondent was pregnant with the couple’s first child and that they wanted to be able to travel to Iran with their family and be treated as a married couple.

The 2000 gold coins were an amount placed in the Iranian Marriage Contract purely for symbolic reasons so that the respondent would be considered worthy in the Iranian culture. The court put the Iranian Marriage Agreement aside because it was deemed unfair.

Aside from the amount of Dowry that is considered by the court, the court may reflect on the following: if the agreement is understood and accepted as a legally binding document, length of the marriage, purpose of the Dowry, acceptance of the amount of Dowry, etc.

We hope you found this guide on Iranian family law in BC helpful.