Canadian Iranian Family Lawyer Explains Persian Divorce in BC and Canada

Vancouver Iranian family lawyer, Leena Ronak Yousefi has been chosen as one of Canada’s top 25 most influential lawyers. She has been the successful lawyer on several ground-breaking Iranian Divorce cases in British Columbia. She has also been regarded as one of the most experienced Persian family lawyers on Iranian divorce in Vancouver by many other prominent family lawyers.

Leena practices out of Vancouver, speaks Farsi and has been featured numerous times in the media on her role in Iranian marriage and divorce laws and how they apply in Canada.  She was recently interview by the CBC on a high profile Iranian case regarding Iranian Divorce.

Leena has provided expert legal opinion on various marriage and divorce issues Iranian-Canadians face in our Canadian society. These include her interview with the National Post on  Mehrieh or Dowry, and her opinion on the limitations Iranian women face when they try to obtain a Persian Divorce in BC or Canada.

Leena is the owner of YLaw Group, the fastest growing female-lead family law firm in British Columbia. You can reach her by emailing her at [email protected] or call 604-974-9529. All of our lawyers at YLaw have in-depth knowledge of Iranian family and divorce issues in Canada.

In this article, Leena explains several issues Iranians face in Canada when they want to get a divorce. These issues include financial, emotional or liberty issues which many Vancouver family lawyers do not have in-depth knowledge of. Let’s get to it:

What is an Iranian Divorce in Canada?  Persian Family Lawyer Explains

Iranian divorce in Canada usually refers to a divorce that results from a marriage that has happened in Iran. This usually means that the couple got married in Iran under the Sharia religious law and the Iranian Civil Law. The couple is now living in Canada and wants to make sure their Canadian divorce is accepted in Iran for many important reasons.

Many times couples wonder if they need to get both a Canadian Divorce and an Iranian Divorce to make sure they do not face issues if they travel to Iran.

Do I Need to Get Both an Iranian Divorce and a Canadian Divorce?

It depends. In some situations, you must get both types of divorces in order to travel freely to and back from Iran. If an Iranian couple are separated but not yet divorced under the Iranian law, they can face serious issues if they enter Iran from Canada. Iran does not always accept or aknowledge a Canadian divorce. Issues you might face if you do not have an Iranian divorce are as follows:

1. The wife is not allowed to exit Iran because her husband can prevent her from doing so as long as they are married. If she is divorced properly, the husband cannot prevent her from exiting Iran.
2. The husband is not allowed to exit Iran or is sometimes even put in jail, because the wife wants her Dowry which is her marriage portion. I explain the concept of dowry and how it applies in Canada in the next blog.

The above are two of the most serious and troubling problems divorcing Persian couples face. A good example is the CBC news article for which Leena contributed on a woman who could not visit her family in Iran or to go there, because her husband refused to allow her to divorce him. This was the case even though the couple had a Canadian divorce.

Iran does not have to accept a Canadian divorce and sometimes, it doesn’t. So you might find yourself stuck in Iran because your ex-husband or wife does not want to allow you to leave. It is better to be safe and get the Iranian divorce as well as the Canadian divorce.

How to Get an Iranian Divorce after a Canadian Divorce in BC?

To get an Iranian divorce in British Columbia, one or both individuals will need to apply to the Iranian Embassy in Washington for a divorce:

• If the divorce is by agreement, the process is easier. Both spouses will need to provide proof of their marriage, their identity cards and have an agreement on how to deal with Mehrieh if any.
• However, if the husband does not want to allow the wife to get an Iranian divorce, the wife needs to first obtain a Canadian divorce and also ask the Canadian court to force her husband to provide and sign any documents needed to complete the Iranian divorce. This means if the husband refuses to cooperate to get the Iranian divorce in Canada, he can be found in contempt of a court order. In extreme circumstances, he can go to jail for refusing to cooperate.

Please note you can apply for a Canadian and Iranian divorce at the same time as well. To find out more about Canadian Divorce, click here.

How to Get Half of the Assets in Iran When I am Divorcing in Canada?

At YLaw, our Farsi speaking lawyers deal with numerous high-networth Iranian divorces. We are familiar with the challenges of dividing assets globally. To get half of the marital assets in Iran through the Canadian courts, you have to prove three things:

1. Prove that the assets exist in Iran;
2. Prove that those assets belong to your wife or husband; and
3. Prove the value of those assets.

This is where things get very tricky.

Our farsi-speaking divorce lawyers know that in many Persian divorce cases, one of the spouses lives or works in Iran and has a lot of houses or other assets there. The problem is that it is very easy to hide assets in Iran. It can be as easy as bribing someone to change the ownership of a house under someone else’s name, or sell assets and hide the money in a bank account under someone else’s name.

The other problem is putting a value on the assets. Again, one person can bribe an appraiser to put a higher or lower value on a house which is to be split between the couple. Or a spouse may choose to simply not comply with valuations and make the process very difficult.

Canadian courts have power over an Iranian divorcing couple living in Canada. The courts do not have power over land in Iran or what the government in Iran can or cannot do. That is why identifying and valuing Iranian assets in Canada is a very complicated process that requires an experienced Iranian divorce lawyer to assist the judge in understanding which powers the judge can use to know the identity and value of Iranian assets. That judge will also need to know how to consider those values and how to divide all assets so that one spouse is not out of money or losing his/her right to Iranian property because the other spouse is playing games.

High-Net Worth Iranian Divorce Issues to Consider in British Columbia

High-Net Worth Iranian Divorce Issues to Consider in British Columbia to consider include:

1. What are the tax consequences of diving Iranian and Canadian assets?
2. How is debt in Iran considered by the Canadian courts?
3. What about Iranian companies? How are they divided at divorce? If so, how?
4. How does Mehrieh play into the asset division? Should you pay Mehrieh in addition to half of the assets to your wife at the end of marriage?
5. Do you have to pay spousal support if you are paying Mehrieh? What about child support?
6. If you get an Iranian divorce, are you still entitled to asset division after divorce?
7. Are there any time limitation issues?

In Part 2 of these series, Leena will talk about Mehrieh, and in Part 3, child custody and support issues Iranians face when they decide to separate or divorce in BC or Canada.

The issue of dividing assets in Iran at the time of divorce in Canada is extremely complicated. It requires expert advice and representation. It cannot be properly explained in a blog. 

We urge you to contact our experienced and award-winning lawyers at YLaw in Vancouver or Surrey for a consultation regarding your rights or obligations. Not having proper, specialized legal advice may mean losing fortunes; and putting your financial health at risk. Call us at 604-974-9529 or get in touch.