Rules for interntational Divorce in Iran Conflict of Laws
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Which legal system will govern to a divorce lawsuit between foreign nationals?

this is a summary of a divorce case between foreign nationals presented in Iran Supreme Court.

  • Fact summary:

    1. Wife submitted a petition for divorce against her husband.

    2. Both wife and husband had a same nationality.

  • Rule of law

    1. According to Article No. 7 and Article No. 963 of Iran Civil Code: governing law in divorce lawsuit between wife and husband with a same nationality is the law of their nationality.

  • Facts:

    1. In this lawsuit, the claimant petitioned base of Iran Civil Code.

    2. The court decided about financial aspects of the divorce based on Iran Civil Code.

    3. Defendant submitted an objection to the court’s decision and claimed that the financial aspects of the decision are against their national law.

    4. The objection referred to Supreme Court and The Supreme Court Decided as Follow:

  • Supreme Court Decision

    1. When husband and wife have a same nationality, governing law in divorce lawsuit is law of their nationality.

    2. It is on the parties to present and submit these legal rules. If claimant does not cite these rules and defendant does not introduce them in the First Court, the case will be hold and decide based on Iran Legal System. see What Case Law Does in Iran Law?

  • Conclusion

    1. Presenting and citing the foreign legal rules to govern the dispute is a right and duty of the parties. The court will decide the case base on Iran Laws if the parties refuse or fail to cite and submit foreign legal rules which govern to the dispute.

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