FAQs: Expertise for Your Client’s Iranian Divorce Case

Divorce cases involving Iranian nationals often involve intricate legal and cultural aspects unfamiliar to U.S. courts. The distinct nature of the Iranian legal system, which blends French-German civil law with Islamic Sharia law, necessitates expert interpretation to ensure accurate understanding within the U.S. legal context. Of significant importance is Iranian Mahr (or Mehr/Maher), a concept which can be challenging for U.S. courts and attorneys to understand. Such cases also require an understanding of the interrelationship between Iranian law and customs, and expectations surrounding marriage and divorce, all of which impact child custody, spousal support, and property division.

Mahr (also spelled Maher or Mehr) is a mandatory payment a husband owes his wife upon marriage under Islamic and Iranian law. It can be immediate (prompt mahr) or deferred (deferred mahr) until an event like divorce or the husband’s death. Determining the Mahr’s value and enforceability within U.S. courts demands specialized knowledge of Iranian law. An expert can clarify how mahr interacts with U.S. property division laws and advocate for its proper consideration in settlements or trials.

Dividing property during a US divorce which includes assets located in Iran presents challenges due to the distinct property laws governing each country. Establishing clear ownership of assets under both legal systems can be difficult. Iran’s property laws, rooted in Islamic principles and civil law traditions, can create conflicts with US property laws during divorce proceedings.
 Determining the value of assets in Iran for the purpose of division in a US court can also be complicated. Ensuring that a US court order for property division is enforceable in Iran requires meticulous legal strategy.

Document authenticity is crucial due to a high prevalence of fraudulent Iranian documents presented in U.S. courts. Over 50% of Iranian documents presented are not authentic. Documents such as marriage or divorce certificates, prenuptial agreements, and financial and property records must researched to identify their authenticity and evidentiary value in a U.S. court. Due to the lack of direct consular relations between the U.S. and Iran, the process of locating, interpreting, and authenticating Iranian documents is complex and can be challenging.

An expert witness can: 
1. Verify authenticity to determine if a document is genuine by examining its source, format, seals, signatures, and other identifying features. 
2. Provide accurate translations from Farsi to English, ensuring the accuracy and precision of legal terminology.
3. Explain legal nuances to clarify the meaning of legal terms and concepts within the context of Iranian law, as they may differ significantly from U.S. legal interpretations.
4. Address potential challenges related to the dialect used in the document, as Iran has over 110 Farsi dialects that can impact the interpretation

Genuine Iranian documents must undergo a four-step authentication process which includes:
1. Verification of the translator’s qualifications by the Iranian Association of Certified Translators and Interpreters (IACTI)
2. Verification of IACTI’s seal by the Department of Justice (DOJ)
3. Verification of the DOJ’s seal by the Iranian Secretary of State (SOS)
4. Verification of the Iranian SOS’s seal by the Swiss Embassy, which protects U.S. interests in Iran

When choosing a consulting legal expert for Iranian Divorce, consider the following areas of expertise:
Iranian Family Law: A deep understanding of Iranian family law principles, including those related to marriage, divorce, child custody, and property division
U.S. Legal System: Familiarity with the U.S. legal system, ensuring they can effectively communicate complex Iranian legal concepts to U.S. judges and juries
Cultural Awareness: Sensitivity to Iranian cultural norms and practices, allowing them to explain the parties’ actions and intentions within their cultural context, which can be important for issues like child custody and spousal support

Mr. Hadjian offers a unique blend of expertise in both Iranian Civil Law and the U.S. legal system. His deep understanding of Iranian family law principles, including those related to marriage, divorce, child custody, and property division is crucial for accurately interpreting and applying these principles within the U.S. legal context. He can effectively communicate these complex legal concepts to U.S. judges and juries.

Each state in the US gives differing consideration for Mahr in divorce. Adding further complexity to Iranian divorce in the U.S. is the variation between states in how they recognize not only Mahr, but Iranian marriages, divorces, and prenuptial agreements. Information about how states recognize mahr can be found at:
Dowry Mahr in U.S. Courts and Articles about Mahr.

Attorneys can easily contact Mr. Hadjian’s office through the website to discuss their case and learn how his expertise as an expert witness and consultant can be beneficial.