A List of 20 Family Lawsuits – Family Lawyer
In Iranian legal system, like many other countries, family lawsuits and disputes are dealt with professionally in a court called the Family Court. This means that you need a legal expert in Iran who works especially in family lawsuits, i.e. a family lawyer.
In the family court, judges who have received the necessary training to handle family disputes are in charge of the judicial hearing. In the Iranian family courts, there is also a female counselor with each judge. The judge in these courts is necessarily a male judge. Family courts are considered as one of the courts of law, and proceedings in family courts are initiated in accordance with the procedure of the Iranian Civil Procedure Code.
However, the jurisdiction of family lawsuits has been taken from the general courts and given to specialized family courts. General courts in Iran can hear all cases unless the jurisdiction is given to specific courts by law. Following is the list of 20 family lawsuits and a discussion of general characteristics of family law matters by Iran Best Lawyer.
A list of 20 Family Lawsuits within the jurisdictional ambit of the family court in Iran
According to the latest amendment to Family Laws and Regulations, i.e. the Family Protection Law approved in 19/2/2013, the family court has jurisdiction to hear the following family lawsuits:
1. Dissolution of marriage
Dissolution of a marriage agreement is a legal process to end the mutual responsibilities between spouses. It is one of the most important family lawsuits that can happen in the following ways in Iran:
A. Husband’s divorce request
According to Article 1133 of the Civil Code and the rules of Islamic Sharia, a man can divorce his wife at any time without any reason. However, he must go to the family court before divorce and initiate the required proceedings for issuing a divorce decree.
B. Divorce at the request of the wife
Although according to Family Law in Iran, a woman essentially does not have the right for divorce, there are many reasons that let the wife to file for divorce from the family court.
C. Uncontested divorce
In this type of divorce, both spouses agree upon all rights and obligations arising from their mutual life and refer to the family court together for a streamlined court procedure. If this is not possible and they do not want to go to the family court in person, they can refer to lawyers specializing in family litigation and ask for initiating an uncontested divorce.
D. Death of each spouse
This is one of the inevitable ways that terminates marriage. After the death of the spouse, which leads to termination of marriage, it would be necessary for the family court to make a decision especially in cases like inheritance, marriage portion, Iddah (the period of waiting a wife observers after the death of the spouse) and the marriage permit of children.
E. Cancellation of divorce and marriage
Marriage is a contract in in its very nature, and naturally, like any other contract, cancellation is one of the ways to dissolve and end it. Cancellation means that one of the spouses, for legal reasons, has the right to dissolve the contract on his/her will. Legal options or the rights to cancel an agreement in a marriage contract are not exactly the same as in other contracts and have limitations. This means that marriage contract is not a completely free contract and is done under strict conditions. The options that cancel the agreement in the marriage contract include the option of defect, the option of fraud, the option of incorrect description, and the option of unfulfilled conditions.
F. Annulment of marriage
If the marriage is contrary to the law or Sharia, one or both parties can go to the family court for annulment or cancellation of the marriage, as in the case of incestuous marriage.
G. Waiver of the period (in temporary marriage)
This is a special way of dissolving a temporary marriage and exceptionally does not require the family court intervention. The applicant can go to the marriage registry office or even say the ritual utterance of divorce in person and make the temporary marriage ineffective
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