The mechanism of the matrimonial Separation of Property under the Iranian laws and regulations
The present article has been prepared by Iran Best Lawyer in order to provide you with the analysis of the mechanism of the matrimonial “Separation of Property” under the Iranian laws and regulations.
Summary:
The post-marriage “community property system” or “joint-ownership policy”, as a binding rule in a number of countries, is not regulated under the Iranian law. However, in light of Article 1119 of the Iran Civil Code (the “ICC”), “The parties to the marriage can stipulate any condition to the marriage which is not incompatible with the nature of the contract of marriage, either as a part of the marriage contract or in another binding contract…”.
Therefore, by virtue of the above-mentioned Article, without any binding legal obligation, the spouses could reach a mutual agreement on one of the forms of the “community property system” and/or a tailor made “separation of property” mechanism as an additional and complimentary condition of their marriage contract.
In the absence of the aforesaid condition, at the time of divorce, each spouse remains the sole owner of his/her assets and properties which are acquired before and/or during the marriage.
In the event that the ownership status of a movable property, is a matter of conflict between the spouses, the general policies stipulated in Article 63 of the Law on Enforcement of the Civil Decisions ratified on October 23rd, 1977 (the “LECD”) shall be applied (Sec. 1 (A)).
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Separation of Property under the Iranian laws and regulations
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