Vancouver Iranian Divorce Tips are designed to help the Iranian community living in North Vancouver, West Vancouver and in Vancouver understand special issues affecting Persian and Farsi speaking family law clients. In today’s blog, Rana Yavari our Vancouver office, Farsi speaking Persian family and estate disputes lawyer, explains what happens when you are divorced in BC and want Iran courts to recognize a BC divorce. Rana Yavari will present a series of Vancouver Iranian Divorce Tips over the next year including high net worth Persian family law blogs.
Vancouver Iranian Divorce Tips- Enforcing Your Canadian Divorce in Iran
Procedural Issues For Divorce In Iran
The ordinary process for obtaining a divorce in Iran is for the parties to appear before the Family Court. It will resolve legal issues including claims in respect of the Mehr, Nafagheh, and so on. The resolution would ordinarily be reflected in the Court’s order. A divorce is granted by the court and must be registered in a Divorce Notary Public Office.
Our Vancouver Iranian Divorce Tips lawyers need you to know that while your foreign Iranian divorce may be recognized in Canada, the Iranian courts do not recognize divorces granted in Canada. There are situations where the wife may experience travel issues if divorce has not yet been obtained in Iran. The wife may require the husband’s permission to leave and return to Canada or the husband may impose a travel ban on the wife once she arrives in Iran. In today’s modern society these restrictions seem to some archaic and our Vancouver Iranian Divorce Tips are designed to help you obtain your rights and justice. A recent news article shows some of the issues facing women who are divorced in BC as far as Iranian recognition of a BC divorce goes. A new case put conduct orders in place to ensure the wife’s rights were protected.
Vancouver Iranian Divorce Tips – BC Supreme Court Case Explains The Complications
In a BC Supreme Court decision of Fakhri v. Vafadar Moghadam 2012 BCSC 879, the court stated:
[34] The situation is a complicated one, again based upon Iranian matrimonial law, but as best I can determine, Ms. Fakhri cannot travel to Iran to retrieve the funds because she would not be permitted to leave the country without the permission of her husband. Mr. Vafadar Moghadam is still Ms. Fakhri’s husband in Iran, for it would appear Iran does not recognize divorces granted in Canada. In other words, Ms. Fakhri, were she to travel to Iran to retrieve these funds, would be beholden to Mr. Vafadar Moghadam and would require his permission to leave and return to Canada. Given the history of this matter and my findings respecting Mr. Vafadar Moghadam’s credibility, it is understandable why Ms. Fakhri is hesitant about returning to Iran.
Persian Family Lawyers Explain Alternatives
There is an alternative procedure available where both parties are outside of Iran at the time of application, the parties already have a foreign divorce certificate, and the parties have agreed on a divorce and the disposition of the Mehr. In that case, the divorce can be obtained by registering documents at an Iranian embassy or, in North America, at an office maintained at Pakistan’s embassy in Washington, D.C.
The alternative procedure is only available where both parties are not present in Iran at the time of the application for divorce in Iran which really complicates matters.
In Zargarian-Tala v Bayat-Mokhtari, 2019 BCSC 448, the parties’ divorce was granted in BC. The court was faced with a quandary as the parties had court cases active in both Iran and BC and the Court asked: When is it appropriate to order a party participating in litigation in British Columbia to take steps in litigation in another country? The parties’ were not able to obtain their divorce in Iran as the wife was residing in BC and the husband was residing in Iran:
[40] The alternative procedure is only available where both parties are not present in Iran at the time the papers are submitted for registration. The registration procedure can take between 40 and 140 days. Iran tracks the movements of its citizens in and out of the country…..
[81] In my view, it would be unduly burdensome to require the husband to leave Iran for a period of 40 to 140 days while the divorce is being registered. Without that requirement, however, the divorce papers signed by the husband will not be processed by the Iranian authorities, and the divorce will not be obtained. There would be no point to making an order that would not be effective.
[82] There is some evidence that the husband travels abroad from time to time. If he leaves Iran for an extended period, there may be an opportunity for the divorce to be registered. The wife should not be denied that opportunity.
The judge made a variety of Order as follows:
a) the husband was to sign promptly sign paperwork together with all other documents required to allow the respondent to apply for and obtain an Islamic Iranian Divorce to be registered at the Embassy of Pakistan, Interests Section of the Islamic Republic of Iran, 1250 23rd St. N.W., Suite #200, Washington, D.C.;
b) until an Iranian divorce is registered, the husband had to advise the wife in advance every time he left Iran for more than ten days at a time, and the intended length of his departure from Iran;
c) the husband had to promptly direct and authorize the release of any Iranian travel ban against the wife;
e) the husband had to promptly execute all documents that are required and take all necessary steps to permit the petitioner to apply for an Iranian passport for herself; and
f) the successful wife received her costs of the court application.
If you have questions concerning Rana Yavari’s Vancouver Iranian Divorce Tips contact her at our Vancouver office toll-free at 1-877-602-9900.
