Asset Division Clause in Iranian and English Law

Document Type : Original Article

Authors

1 Instructor of Law Department, Payam Noor University, Hamadan, Iran.

2 Assistant Professor, Department of Law, Nahavand Higher Education Complex, Bu- Ali Sina University, Hamadan, Iran.

Abstract

According to these explanations, we will attempt to address the following questions: "What is the nature of the property halving condition in Iranian law?" "How is property divided under English law? the property division processes in Iranian and British law the same, or do they differ? This article employs a descriptive-analytical method to analyze the relevant literature. In Iranian law, asset division can be considered a secondary condition that complements the main contract, contingent upon the agreement of the parties involved. Therefore, it is an optional condition and does not necessarily apply to the relationships between the parties. In contrast, English law typically assumes that the division of property between spouses is equal, a legal presumption that judges enforce during divorce proceedings. This division is mandatory and is not contingent upon the parties' agreement. The property division clause in Iranian law is a provision included in the marriage contract, which is found in official marriage certificates. This clause aims to ensure financial support for women following a divorce. If the husband signs this clause at the time of the marriage contract, he is obligated to transfer half of the assets he acquired during the marriage to his wife upon separation and divorce. However, some scholars have questioned the validity of this clause, arguing that it is derived from English law and does not align with Iranian legal principles.
2. Study Method
The present article has been written using a descriptive-analytical method to analyze the library studies.
3. Findings
Asset division in Iranian law can be added as a secondary condition in addition to the main contract with the agreement of the parties. Therefore, it is an optional condition and does not necessarily exist in the relations of the parties. In English law, dividing the property of the spouses in half is a legal assumption that is implemented by the judges during divorce and is mandatory and has nothing to do with the agreement of the parties.

Keywords

Main Subjects

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Journal of Comparative Law
Volume 8, Issue 4 - Serial Number 16
January 2025
Pages 179-199

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History

  • Receive Date: 05 July 2023
  • Revise Date: 28 October 2023
  • Accept Date: 15 December 2023

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