A family consists of a husband, wife and children, the legal foundation of which is the marriage agreement. Economic problems, absence of chemistry between the spouses, addiction to narcotic drugs and domestic violence might bring about problems, which if not solved through amicable means, may lead to adjudication. The most common disputes involve among all alimony, disobedience, dowry and the like. Because of the existing subtleties in Iranian laws, skillful management of family disputes is of utmost importance. Since family law is part of Personal Status, dual nationality and marriage of Iranian nationals with foreigners may make the issue all the more sensitive and worthy of very careful consideration. The Legal System of Iran has generally regulates the legal aspects of family relations in the Civil Code of The Islamic Republic of Iran. In addition to this, in 2013 The Islamic Consultative Assembly of Iran has ratified the latest Iran’s Family Protection Act, in which Special Family Court branches and their jurisdiction has expanded. According to mention Act, the below issues, among others, are under the jurisdiction of Special Family Court:
– Courtship and damages sustained due to its cancellation;
– Permanent and temporary marriage and permission in marriage;
-Conditions set while entering marriage;
Furthermore, it provides that if one of the couple in dispute is resident of another country, the court with jurisdiction over the place of residence of the one who lives in Iran is fit to process the claim. If both the couple are residents of another country but one is temporarily residing in Iran, the court of his/her place of residence in Iran, and if both are temporarily residing in Iran the court of the wife’s place of residence is fit to process the claim. And if neither temporarily reside in Iran then the court of Tehran province has jurisdiction to process the claim, unless if the couple agree on another location for processing.
Death is one of the legal means for appropriation of property. Upon a person’s death, subject to a valid will, their property will be transferred to their heirs irrespective of their domicile. The heirs shall have certain legal obligations in this regard and there shall be fines and compensation provided that they do not perform the said obligations. One common concern of Iranians residing abroad or holders of dual nationality is management of their property after their death. It is important to note that according to Iranian laws, people are legally entitled to transfer a third of their property as per their will and the law allows them to choose an executor to handle their property after their death. Drafting a legally valid will, obtaining a certificate of inheritance division, sealing, payment of inheritance tax by heirs etc. are legal actions that require legal consultation or delegation to a lawyer. The Legal System of Iran has generally regulates Inheritance issues in the Civil Code of The Islamic Republic of Iran and in some articles of Non-Litigious Affairs Act.
Bayan Emrooz Law Firm was founded in 2008 under the registration No. 23211 in Tehran, and renders legal consultation and attorneyship services to foreign or domestic legal and natural persons. Our approach and main purpose is to expand the culture of utilizing legal consultation in civil and commercial matters in order to prevent high personal or social costs spent on resolution of disputes before judicial and non judicial authorities.
No. 36 (U 5), Kish St., Nelson Mandela Blvd. (Jordan) Tehran – Iran 15118814716