نوع مقاله : مقاله پژوهشی
نویسنده
دانشآموخته دکتری حقوق کیفری و جرمشناسی، دانشکده حقوق، دانشگاه تهران، تهران، ایران.
کلیدواژهها
عنوان مقاله English
نویسنده English
Mutual consent divorce is one major cause behind issuing certificate of incompatibility that upon the very consent, the court is free to avoid entering into the nature of the dispute. The family law, ratified in 2012, while stipulating a time span for issuing certificate of incompatibility based on mutual consent, has conditioned its enforcement to the request by the husband. Therefore, a single request by the wife cannot be legally sufficient for the enforcement of the law. Such a preference is synonymous with spoiling the financial rights of the wife and this makes the wife’s will in mutual consent divorce ineffective. There is also ambiguity in the nature of divorce based on mutual consent and the type of divorce contract, which this paper intends to study.
کلیدواژهها English
