Agreed divorce

 

One of the legal institutions within family law and the Family Protection Act is mutual divorce. In this institution, the husband and wife submit their agreement to dissolve the marriage contract and settle all financial dependencies and issues concerning their children to the family court. By obtaining a Certificate of Irreconcilable Differences, they pave the way for their separation.

In summary, mutual divorce refers to a divorce in which the couple, for any reason, agrees to separate through mutual understanding. Any agreement they reach regarding the dowry (mahr), alimony (nafaqa), personal belongings (jahiziya), child custody, and visitation rights will be respected and accepted by the court.

For example, the couple may agree that the wife relinquishes the dowry in exchange for the divorce, or she may receive the full dowry, or it may be paid in accordance with agreed terms. Alternatively, part of the dowry may be waived while another part is paid. All these agreements will be reflected in the court’s ruling and will be enforceable.

Documents Required for Mutual Divorce

Mutual divorce is considered an administrative and legal process, and to proceed with the case, the required documents must be provided. These documents include:

1. **Identification Cards of Both Husband and Wife**
- Original and copies of both parties’ national ID cards.

2. **National ID Cards (Kart-e-Melli) of Both Husband and Wife**
- Original and copies of both parties' ID cards.

3. **Marriage Certificate (Aqdnameh)**
- If the original is unavailable, our lawyers can obtain a certified copy on your behalf.

4. **Mutual Divorce Agreement**
- A written agreement detailing the couple’s consensus on financial matters, child custody, and other related issues.

5. **Certificate of Irreconcilable Differences**
- Issued by the court, confirming that reconciliation is not possible.

6. **Pregnancy Certificate (if applicable)**
- With assistance from our legal team, this certificate can also be obtained to confirm whether the wife is pregnant.

These documents are essential for initiating and completing the mutual divorce process efficiently through the legal system.

Agreements in Mutual Divorce

In mutual divorce, the husband and wife must reach agreements on **dowry (mahr)**, **alimony (nafaqa)**, **child custody**, and **the return of personal belongings (jahiziya)**. The couple may agree that the wife will **forfeit the entire dowry** to the husband, or she may **waive part of the dowry** and **receive the remainder**.

Alimony is also determined based on mutual agreement. **Child custody** arrangements are made through the couple’s consensus, with the **best interest of the child** being the only condition. The decision regarding the **return of personal belongings** is also left to the couple’s agreement.

If the couple cannot reach an agreement on any of the above matters, the **court will decide according to the law**.

When you authorize one of our lawyers to represent you, your agreements will be documented in **clear, typed Persian**, ensuring accuracy and legal compliance.

 
Duration of Mutual Divorce Process

In common practice, couples seeking mutual divorce often choose this route to achieve separation as quickly as possible. They assume that by mutually agreeing on divorce and submitting a mutual divorce request, they can finalize the process on the same day or, at most, within a week.

However, this is a misconception. According to the **new regulations**, couples must first register in the **"Tasmim" system** for divorce and attend **mandatory counseling sessions**. Both spouses are required to participate in these sessions, which have a minimum duration of **45 days**.

Another frequently asked question is how long the mutual divorce process takes **without hiring a lawyer** and whether having a lawyer can **expedite** the process.

In response, we should mention that if the couple **hires a lawyer**, the mutual divorce process usually takes between **20 to 40 days**. However, the duration can vary depending on the **specific policies of each family court** and **the city** in which the case is filed.

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