Divorce
What is divorce?
Divorce in the legal sense is the dissolution of a permanent marriage with special formalities. The Civil Code stipulates in this regard: Divorce is for a permanent marriage, and a woman divorces her husband after the expiration of the marriage.
In fact, divorce only occurs in a permanent marriage. In simpler terms, divorce means the dissolution of a permanent marriage, which takes place after the implementation of the divorce decree, and after that, the marital relationship between the couple is terminated, but depending on the type of divorce, the effects will be different.
In addition, it should be noted that followers of religions recognized in the constitution can be separated according to their religion, but divorce according to the Shiite religion is a man’s prerogative.
Types of divorce
Divorce is generally divided into two categories:
Reciprocal divorce: which is the same as divorce by a man.
Bain divorce: which is the same as divorce.
Divorce: Divorce is on the part of the woman.
Divorce: It is the same as a consensual divorce.
What is a reciprocal divorce and what are the provisions?
According to Islamic law, a man has the right to divorce and does not need the conditions stated in the marriage certificate. One of the types of divorce is reciprocal divorce or the same divorce is accepted by the man. This type of divorce refers to a situation in which a man can return to his wife and their life together after separation from his wife.
For this reason, there are special provisions in the civil law for recourse to divorce. Accordingly, if the divorce is of a reciprocal type, the man can resume living with the woman during the days of the woman (the time when the woman must abstain from marriage after the separation).
In a reciprocal divorce, apart from the fact that the husband has the right to recourse for a certain period of time, the parties also have rights and obligations. For example, if a spouse dies in a reciprocal divorce, they inherit from each other and the woman is entitled to alimony.
The man also has no right to evict the woman (her divorcee) from her place of residence, ie her home, until the term of the period has expired. This goes so far that some jurists elevate the status of a woman to the status of a true husband; it seems that there has been no divorce at all. Some jurists consider her as a wife for some time and others consider her as a real wife.
Bain Divorce
In a Bain divorce, there is no right of recourse for the husband, and with the implementation of the divorce decree, the marital relationship between the spouses will be completely terminated. Bain divorce itself includes divorce of dispossession and divorce of struggles.
Bain Divorce itself is achieved for several reasons, one of which is the hatred that a woman has for her husband or both. If the hatred is mutual, the divorce is of the type of struggle (agreement), and if the hatred is of a woman on one side of the husband, the divorce will be of the type of expropriation (divorce on the part of the wife). In the following, we will pay more attention to each of them.
Khula Divorce
According to the law, a man has the right to divorce and a woman cannot divorce her husband without a reason and without her consent, unless she has a convincing reason. Therefore, according to Article 1146 of the Civil Code, divorce is a divorce that a woman divorces in return for the money she gives to her husband because of her hatred; whether the property is the same as the dowry or its equivalent or more or less than the dowry.
In fact, in this type of divorce, it takes place when the wife is no longer interested in her husband and hates him and intends to separate, and her husband does not want to divorce her, so he gives her a dowry or money that her divorce to catch.
In these circumstances, the divorce which is also valid, so there is no right of recourse for the husband at the time of marriage. In addition, divorce that takes place before marriage and the divorce of a menopausal woman are among the cases that fall into this category of this type of divorce.
Mubarat Divorce
Divorce is the fastest and easiest way among all types of divorce. In a consensual divorce, the husband and wife are separated after agreeing on major issues such as dowry, alimony and custody of the children.
Distress and constriction
One of the things that can play a key role in the divorce process is a concept called distress and constriction.
As literally means tightness, hardness and difficulty, and embarrassment has been interpreted as tightness and pressure.
In fact, any action that puts a person in a difficult situation and makes it difficult for him to perform or endure it, is said to have caused distress and constriction, a clear example of which can be seen in cohabitation and, if proven in court, leads to divorce.
It should be noted that divorce due to the distress and constriction of a woman is in the category of Bain divorce, because the ruling of divorce due to the woman’s hatred of the man has been made and the man has no right to refer to the wife and reconcile in the days of the wife.
What does a woman’s distress and constriction include?
- Leaving life by the husband for at least six consecutive months or 9 consecutive months without a valid excuse.
- Husband’s addiction to drugs or alcohol and the couple’s refusal to quit or the impossibility of forcing the husband to quit while it is necessary for the doctor to quit. If the husband does not fulfill his obligations or after consuming alcohol or drugs again, he will divorce at the request of his wife.
- Definitive sentence of the husband to imprisonment for five years or more.
- Beatings or obscenities or any other continuous behavior of the couple that mystics are not tolerant of due to the status of the woman.
- The husband has an incurable mental or infectious disease or any other incurable complication that interferes with cohabitation, such as AIDS.
- Failure to comply with a court order prohibiting the husband from engaging in a job that, in the opinion of the competent court, is contrary to the interests of the family and the dignity of the wife.
- If after 5 years the wife does not have a child with her husband due to infertility or other physical complications.
- The spouse adopts another spouse without the consent of the spouse or does not administer justice to his / her spouses at the discretion of the court.
- Madness in cases where termination of marriage is not legally possible.
If you have any questions about the divorce case and its legal provisions, or if you need guidance in preparing and enforcing the provisions of the divorce petition and bill, our experienced counselors and attorneys at Asia Lawyers Group will answer your questions.
