Mehrieh and Iranian Divorce
Mehrieh and Iranian Divorce
By: Elena E. Mazinani
Canada is a multi-cultural country and Canadian courts must sometimes recognize foreign legal and religious agreements.
The Iranian Islamic marriage contract known as a “Mehrieh” (also known as “Mehr” or “Mahr”) and the legal question of whether it is valid and enforceable in Canada has been dealt with in many family law cases in Ontario.
Whether the Mehrieh payment is enforced and the exact manner of its enforcement (whether it is separate from or part of the usual division of assets) is determined on a case-by-case basis in accordance with the terms of the Mehrieh and the surrounding circumstances. There are many cases in Ontario that have dealt with this issue.
Validity in Ontario
Formal Requirements
To be valid in Ontario, a Mehrieh Agreement must:
• be in writing, signed by both parties and witnessed; and
• cover issues that comply with the Family Law Act.
Typically, the terms of the Mehrieh are specified on the parties’ marriage certificate, in which case it is usually witnessed and signed.
Setting Aside a Mehrieh Agreement
A determination that a Mehrieh is valid under Islamic law is not indicative of the issue in Ontario. In other words, just because the Mehrieh is enforceable under Islamic law does not automatically mean that it is enforceable under Canadian law. Courts must still apply the general contract-validity principles to specific cases to determine whether the agreement is enforceable. There have been family law cases in which the Mehrieh was set aside or found to be non-enforceable.
Interplay with Equalization and Spousal Support
Equalization
The court has held that the Mehrieh could either be considered excluded property under s. 4(2)(6) of the Family Law Act, or it may form part of the division of assets for married spouses, also known as “equalization”. In other words, depending on the exact terms of the Mehrieh, the amount of the Mehrieh payment will either be considered an asset for the wife (meaning that the wife must equalize it with the husband) or the Mehrieh is to be paid separate and apart from equalization.
Spousal Support
Any amount payable under a Mahrieh is not considered a replacement for spousal support.
Conclusion
The Courts in Ontario have consistently determined that Mehrieh agreements are valid and enforceable as marriage contracts, provided they otherwise conform to basic formal validity requirements.
divorce lawyer in canada
list of family lawyers in toronto
top divorce lawyer in toronto
iranian family lawyer in toronto
top family lawyer in toronto
list of persian divorce lawyers in toronto
Iranian Divorce lawyer in toronto
spousal support lawyer in toronto
child support lawyer in toronto
list of Divorce and Separation Lawyer in Toronto
list of iranian divorce lawyers in toronto
list of iranian family lawyers in toronto
domestic contract lawyer in toronto
Property Division Lawyer in toronto
separation agreement lawyer in toronto
divorcing dentist lawyer in toronto
divorcing physicians lawyer in toronto
Iranian divorce lawyers in toronto
persian divorce lawyers in toronto
spanish speaking divorce lawyers in toronto
spanish speaking family lawyers in toronto
persian family lawyers in toronto
Iranian family lawyers in toronto
family lawyers in toronto
spanish speaking domestic contracts lawyers in toronto
persian domestic contracts lawyers in toronto
iranian domestic contracts lawyers in toronto
spanish speaking parenting decision-making lawyers in toronto
persian parenting decision-making lawyers in toronto
iranian parenting decision-making lawyers in toronto
spanish speaking child support lawyer in toronto
child support lawyer in thornhill
child support lawyer in richmond hill
persian child support lawyer in toronto
spanish speaking spousal support lawyer in toronto
persian spousal support lawyer in toronto
iranian spousal support lawyer in toronto
spousal support lawyer in richmond hill
spousal support lawyer in thornhill
spanish speaking property division lawyers in toronto
iranian property division lawyers in toronto
property division lawyers in richmond hill
property division lawyers in thornhill
property division lawyers in toronto
persian Divorcing Dentists lawyer in toronto
iranian Divorcing Dentists lawyers in toronto
Divorcing Dentists lawyers in thornhill
Divorcing Dentists lawyers in toronto
Divorcing Dentists lawyers in richmond hill
spanish speaking Divorcing Physicians lawyers in toronto
Iranian Divorcing Physicians lawyers in toronto
Divorcing Physicians lawyers in thornhill
Divorcing Physicians lawyers in toronto
Divorcing Physicians lawyers in richmond hill
iranian family lawyer canada
iranian divorce lawyer canada
divorce lawyer in toronto
family lawyer in toronto
family lawyer in canada
persian family lawyer toronto
list of persian family lawyer in canada
list of persian family lawyers in toronto
persian family lawyer
Iranian family lawyer
family lawyer
divorce lawyer
Farsi speaking divorce lawyer
Farsi speaking family lawyer
Divorcing Physicians lawyer
Farsi speaking Divorcing Physicians lawyer
Divorcing Dentists lawyer
Farsi speaking Divorcing Dentists lawyer
property division lawyer
child support lawyer
iranian child support lawyer
persian child support lawyer
domestic contracts lawyer