Recognition (Tanfiz) and Registration of a Foreign Divorce in Iran

Recognition in Iran is a separate legal question from whether the marriage ended under the law of another country. Under Article 15 of the Family Protection Act, judgments of foreign courts or authorities in family matters are not executed in Iran unless a competent Iranian court reviews them and issues a recognition order. The Civil Code likewise does not permit direct enforcement of a foreign judgment without the order required by Iranian law.

Not every file follows the same court route. The proviso to Article 15 allows specified consular registration of divorces of Iranians abroad when the statutory conditions are met, including the required written request and a certificate that the divorce formula was performed by an approved qualified person. Current Ministry of Foreign Affairs guidance also asks for a final local judgment and case-specific civil-status and consular documents. A file that does not meet the consular conditions may require Iranian court recognition or a new Iranian proceeding.

The review is not a simple translation exercise. Counsel should examine whether the foreign authority had jurisdiction, whether the judgment is final, how the other spouse participated or was served, whether the order conflicts with mandatory Iranian rules or public policy, and whether the judgment addresses matters that must be treated separately in Iran.

After recognition or use of the appropriate consular route, the divorce still needs to be reflected through the required Iranian registration process. Mahr, maintenance, property, custody, visitation and child-travel provisions in the foreign order may not receive the same treatment as the marital-status ruling and should be assessed individually.