The Legal Nature of The Uncontested Divorce in Iran’s Legal System

Abstract

One of the issues in the family protection law is recognized as the uncontested divorce. The title is applied when the couples agree to get divorced in terms of compromise on children’s financial and parental support or settlement agreement. They would officially split up when a judicial certificate of divorce is presented at the family court. Although family law is adopted from Sharia but investigations show that in spite of its popularity, the term has never been mentioned in the scripture. For the ambiguous nature of this type of divorce, some jurists consider it as Khul’ or Mobarat whereas some are aware of the peculiarity of uncontested divorce nature. This article, investigating the differences between the uncontested divorce and Khul' and Mobarat, believes that the uncontested divorce has independently no common feature with Khul’ and Mobarat. It is neither divorce nor dissolution; however only in the divorce proceedings it follows the divorce rules.

Keywords

• divorce
• divorce by mutual consent
• khula
• mobarat