A Study of Applicability of the Contents of Certificate of Incompatibility in the Divorce by Mutual Consent

Type : Research Article

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Abstract

An improper procedure has been followed for some time in certain family courts. Some judges attribute the emergence of this phenomenon to the accumulation of legal cases in the courts. These courts refrain from executing the decision of divorce by mutual consent, persuading the applicant—usually the wife—to bring a new petition to compel the husband to satisfy the obligations stated in the certificate of incompatibility issued by mutual consent. To justify their position, these judges rely on the wording of the single-clause bill of the amendments to the divorce law enacted in 1371 SH by the Expediency Council. They argue that since the legislator has used the word “certificate” in the case of divorce by mutual consent, what is issued is nothing more than a certificate and is not legally enforceable. It merely serves to introduce the spouses to the registry office for pronouncing the divorce formula. Thus, they add to the problems faced by women in seeking recourse to the courts and vindicating their rights. Criticizing this argument, the present article emphasizes the enforceability of this certificate.

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  • Received: 09 June 2009
  • Revise: 27 June 2009
  • Accepted: 20 July 2009

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