Complete Guide to Iranian Law
Consensual Divorce in Iran: Steps, Documents and Settlement
Drafting the settlement on mahr, custody, maintenance and dowry, filing online, counselling sessions and the certificate of irreconcilability
What is a consensual divorce?
In a consensual divorce both spouses want to separate and agree on the financial and non-financial consequences: mahr, maintenance, the dowry (jahiziyeh), custody and visitation. In religious terms it is usually a khulʿ or mubarat divorce, in which the wife waives all or part of the mahr or other property in exchange for the husband’s consent.
It is faster, cheaper and less damaging for children than a contested divorce, but every vague clause can turn into a new dispute later.
The procedure
The application is filed through a judicial e-services office and referred to the family court. Under the Family Protection Act the couple must attend sessions at a family counselling centre. If reconciliation fails, the court reviews the settlement and issues a certificate of irreconcilability, which the couple then present to a divorce registry office within its validity period.
The settlement should state exactly how much mahr is waived or paid and when, maintenance during the waiting period (ʿidda) and for children, how the dowry is returned, and the custody and visitation schedule, including holidays and travel.
Children and enforcement
The court respects the parents’ agreement on custody but may intervene if it conflicts with the child’s best interests. Visitation is a right of the non-custodial parent; obstructing it has legal consequences. Agreements recorded by the court are enforceable if a party later fails to comply.
Shahin Group’s legal team drafts the settlement, explains each clause, follows the filing and hearings and can handle much of the process under a power of attorney for clients abroad.
