Iranian Divorce Proceedings for Iranians and Dual Nationals Abroad

Iranian nationals remain subject to Iranian personal-status law even when they live abroad. A person seeking an Iranian divorce should first determine whether to commence proceedings in Iran, use an available consular registration route after a foreign divorce, or seek recognition of a foreign judgment. These routes have different requirements and should not be combined without a case plan.

Jurisdiction depends on where each spouse resides and the facts connecting the case to Iran. The Family Protection Act contains specific jurisdiction rules for spouses living outside Iran and for situations in which one spouse remains in Iran. The type of divorce, the parties' agreement, any delegated authority and the relief requested also affect procedure and evidence.

Divorce status should be separated from related claims. Mahr, maintenance, dowry property, marital financial agreements, child custody, visitation, travel consent and protection measures may require separate pleading or specific settlement wording. A foreign settlement may not automatically produce the same rights or enforcement consequences in Iran.

Remote representation is possible in suitable cases, but the power of attorney must state the client's actual instructions and the authorities the lawyer needs. A broad label such as “divorce power of attorney” may be inadequate if it does not address settlement limits, mahr, appeal rights, appointment of substitute counsel, registration or collection and payment authority. The final judgment must also be taken through the legally required execution and registration steps.