Iranian Marriage and Divorce in the USA

Marriages and divorces involving Iranian nationals residing in the United States can present unique legal considerations due to the interplay of Iranian family law and U.S. family law principles. This guide provides an overview of the key aspects of Iranian marriage and divorce in the context of the U.S. legal system.

Marriages Involving Iranian Nationals in the USA

Recognition of Iranian Marriages

Generally, marriage contracts under the laws of the jurisdiction where they were performed are recognized in the United States. This means that an Iranian marriage that complies with Iranian law will typically be recognized as valid in the USA.

Requirements for an Iranian Marriage to be Recognized in the USA

To ensure that an Iranian marriage is recognized in the USA, it is crucial to adhere to the following requirements:

Age of Consent: Both spouses must meet the minimum age requirement for marriage in the jurisdiction where the marriage was performed.

Consent: Both spouses must freely and willingly consent to the marriage. Forced or coerced marriages are not recognized in the USA.

Capacity to Marry: Both spouses must have the legal capacity to enter into a marriage, meaning they must not be already married or legally prohibited from marrying.

Formal Requirements: The marriage must be solemnized in accordance with the formal requirements of the jurisdiction where it was performed. This may include registration with civil authorities or religious ceremonies.

Registration of Iranian Marriages in the USA

While Iranian marriages performed abroad are generally recognized in the USA, registering the marriage with a U.S. state can provide additional legal benefits and facilitate certain processes, such as obtaining a change of name or applying for spousal immigration benefits. The registration process typically involves submitting a certified copy of the marriage certificate and other relevant documentation to the appropriate state agency.

Divorce Involving Iranian Nationals in the USA

Jurisdiction for Divorce

The jurisdiction for a divorce involving Iranian nationals in the USA is generally determined by the residency of the parties. If both spouses are residents of the same U.S. state, that state's courts will have jurisdiction over the divorce proceedings. However, if the spouses reside in different states, the question of jurisdiction becomes more complex and may involve factors such as the last shared residence of the parties or the location where the separation occurred.

Grounds for Divorce

The grounds for divorce in the USA vary by state. However, common grounds for divorce include:

1. Adultery

2. Cruelty or abuse

3. Abandonment

4. Incompatibility

5. Separation for a specified period

6. Recognition of Iranian Divorces in the USA

In general, U.S. courts will recognize divorces granted by foreign courts if the foreign court had jurisdiction over the parties and the divorce proceedings were conducted fairly and in accordance with the laws of the foreign jurisdiction. However, it is advisable to consult with an attorney to assess the specific circumstances of an Iranian divorce and its enforceability in the USA.

Impact of Iranian Law on Divorce Proceedings in the USA

While U.S. courts will generally apply U.S. divorce law, there may be instances where Iranian law becomes relevant in divorce proceedings involving Iranian nationals. For example, if the parties have a prenuptial agreement governed by Iranian law, the terms of that agreement may be considered by the U.S. court in determining issues such as property division and spousal support.

Navigating the complexities of Iranian marriage and divorce in the USA requires a thorough understanding of both Iranian family law and U.S. family law principles. Consulting with an experienced attorney specializing in international family law can help ensure that your rights are protected and that your interests are effectively represented throughout the process.

Navigating Probate and Inheritance Laws in Iran: A Comprehensive Guide

Inheritance is a significant aspect of familial and legal matters in Iran, governed by specific laws and regulations that dictate how assets and property are distributed among heirs. Understanding the intricacies of probate and inheritance laws is essential for individuals and families involved in estate planning or dealing with the aftermath of a loved one's passing. In this guide, we'll explore the key principles of probate and inheritance in Iran and provide valuable insights into the process.

Understanding Probate and Inheritance:

Probate is the legal process through which the estate of a deceased person is administered and distributed among heirs according to the law or the decedent's will. In Iran, inheritance laws are primarily based on Islamic principles, with specific rules outlined in the Civil Code and Islamic jurisprudence.

Key Principles of Inheritance in Iran:

1. Islamic Law: Inheritance laws in Iran are governed by Islamic Sharia principles, which prescribe specific shares for heirs based on their relationship to the deceased and the presence of other heirs. These shares are determined by the Quran and Sunnah and are not subject to alteration through a will.

2. Heirship and Shares: Heirs in Iran are categorized into different classes, including children, spouses, parents, and siblings, each entitled to a specific share of the estate. For example, sons typically receive double the share of daughters, while spouses are entitled to a predetermined portion of the estate.

3. Forced Heirship: Islamic law recognizes the concept of forced heirship, which ensures that certain close relatives receive a mandatory share of the deceased's estate, regardless of the existence of a will or testamentary disposition. This ensures the protection of family members, particularly vulnerable individuals such as minor children or widowed spouses.

4. Wasiyyah (Will): While Islamic law allows for limited testamentary freedom through the concept of wasiyyah, or will, it cannot contravene the mandatory shares prescribed for heirs. A will in Iran can be used to allocate a portion of the estate to non-heirs or to specify funeral arrangements and charitable bequests.

The Probate Process in Iran:

The probate process in Iran involves several steps, including the identification and valuation of assets, settlement of debts and liabilities, and distribution of the estate among heirs according to the applicable laws. Executors or administrators appointed by the court oversee the administration of the estate and ensure compliance with legal requirements.

Challenges and Considerations:

Navigating probate and inheritance laws in Iran can be complex, particularly for individuals with assets distributed across multiple jurisdictions or for those facing disputes among heirs. Cultural and religious factors may also influence inheritance decisions, adding another layer of complexity to the process.

Seeking Legal Assistance:

Given the intricacies of probate and inheritance laws in Iran, seeking professional legal assistance is highly recommended, especially for individuals involved in estate planning or facing challenges in the probate process. Qualified legal advisors with expertise in Iranian law can provide invaluable guidance and support, ensuring the efficient administration and distribution of the estate while safeguarding the rights of all parties involved.

In Conclusion:

Probate and inheritance laws play a pivotal role in shaping familial and legal relationships in Iran, reflecting the country's rich cultural and religious heritage. By understanding the principles and procedures governing probate and inheritance, individuals and families can navigate this sensitive area of law with confidence and clarity, ensuring the orderly transfer of assets and the preservation of familial harmony.

What is Mikhak website?

Mikhak website (میخک)

Mikhak website is an online service platform where you can create, submit, and manage applications for Iranian citizenship matters. This Integrated Consular Services Management System website mikhak.mfa.gov.ir allows for applications to be processed by the consular section of the Iranian embassy in your designated country.

It is now a requirement to use the Mikahk system for tasks such as passport application, power of attorney (vekalatname) , authentication of documents, death registration, issuance of birth certificate (shenasname), temporary military drafts exemption request, registration of marriage, registration of divorce, police clearance, etc.

The applicant Iranians abroad with age higher than 15 can request for National ID Card by two following methods:

1- To approach to the Interest Section of the Islamic Republic of Iran ( Washington DC)

2- By post  

Way of Reference:
 

By reference to websites of www.daftar.org, applicant can fill out the related forms and send them by post to the given consulate. 

The needed documents: 

1- To fill out application form for National ID Card specific to Iranians Abroad 

2- A certified copy of first and last pages of ID card (if any remarks) 

3- Two newly taken photos (endorsed) 

The essential recommendations: 

1- According to procedures, applicant’s photo shall have light color or white background with preferably 3*4 and characterized frame. 

2- Images of ID card shall be preferably colorful and with the same size of ID card frame. 

3- In the case when applicant requests for replacement of ID card for any reason, he/ she shall deliver the primary retired ID card the related consulate. 

4- Lost National ID card form shall be filled out if National ID card had been lost.

5- After issuance of applicants National ID cards, they will be sent to their addresses by the respected consulate and/ or delivered to them if they refer to the given consulate.

Iranian nationality transferrable through mother by new legislation

 Iranian lawmakers have voted in favor of a bill that would grant citizenship to those born to an Iranian mother and a non-Iranian father.