Mehrieh & Iranian Divorce in Vancouver and Canada | Vancouver Persian Divorce Lawyer Explains

This part of our series on Persian Divorces in Canada discusses Mehrieh or Dowry; and how the Canadian courts deal with it. 

Leena Yousefi was successful counsel on a precedent setting case on the issue of Mehrieh or Dowry. You can read that case here, and see her interview with the National Post on this issue.

• In our previous article on Iranian Divorce in Vancouver & Canada, we explained whether you need an Iranian Divorce in Canada. We talked about issues facing Persian couples who have assets in Iran.
• In part 3 of this blog, we will talk about Custody and Travel issues Iranian or middle-eastern couples face when they separate in BC or Canada.

What is Mehrieh, Dowry or Mahr in British Columbia Divorce?

Mehrieh, also known as Mahr or Dowry has been defined by British Columbia courts as a gift the husband makes to the wife, usually at the time the couple get married. This gift is generally in writing and reflected in a  ‘marriage contract’ or marriage agreement. Generally the bride and groom’s parents witness and sign on the contract as well. Dowry is often payable at any time the wife demands it and is in the form of gold coins.

The wife can demand her Mehrieh at anytime before, during or after separation. Obviously it is very rare for the wife to demand the dowry before separation.

What’s the Purpose of Mahr or Mehrieh?

Dowry or Mehrieh under the Iranian or middle-eastern traditions is symbolic and signals the husband’s commitment to the wife and the marriage. Usually at the time the husband signs the marriage contract promising the Mehrieh or dowry, he does not in fact have the money in his pocket to pay.

For example, a young couple get married and the husband signs a marriage contract promising the wife to pay her 1972 gold coins which represent the wife’s year of birth and would be in the amount of roughly $500,000 CAD. This happens all the time. Because Mahr is symbolic the amount and number of gold coins at the time of marriage are also often symbolic. But at the end of the day, Mehrieh is still a promise of payment from the husband to the wife at the time of separation so it can be enforceable. 

Most importantly, under the Iranian or Middle Eastern laws and culture, Mehrieh is often the only financial assistance the wife can get from the husband after separation. This is because in middle-eastern countries, the wife is often not entitled to much asset division or spousal support. She may be able to get some nominal child support but that is it. Mehrieh or Dowry is her only source of security. She will need it to survive after separation.

Mehrieh or Dowry has three very important purposes in countries such as Iran, India, Pakistan, etc:

1. It symbolizes the husband’s commitment to the wife. The higher the amount, the less likely he would be willing to separate from his wife because if he does, he may have to pay dowry which is more than he can afford;
2. It provides financial security for the wife after separation in countries were women do not often have 50/50 entitlement to asset division; and
3. The wife can use Mehrieh as a bargaining chip to get a divorce. As explained in the previous blog, in countries such as Iran, in most instances the wife cannot get a divorce unless the husband agrees or allows her. So sometimes, the wife will tell the husband she will ‘let go’ or waive her dowry or Mehrieh in exchange for getting a divorce, i.e. her freedom.

Can I Get My Dowry or Mehrieh in Vancouver or Canada?

Under the laws of British Columbia, Toronto and Canada, you can make a claim to enforce your dowry against your spouse. This means that you would be asking the court to order your husband to give you the dowry or Mahr in addition to (often) 50% of the assets and spousal support.

You may or may not get your dowry in Canada. It depends on several factors explained below.

Many people have asked: why can someone ask for both 50% of the assets AND dowry? Shouldn’t it be one of the two? The answer is because Mehrieh is a gift from the husband to the wife, it is counted as an addition to her other claims which include 50% of assets and spousal support. I know this sounds very unfair to many men and doesn’t always make sense, but this is what our courts have decided. Challenges to this have been unsuccessful.

Do I have a  Chance of Getting my Mahr in Vancouver or Canada?

In Vancouver and Canada, chances of getting your mahr or dowry after separation depend on several factors. All of these factors are considered together on a holistic basis. One factor does not call all the shots:

1. The amount of dowry; this is perhaps the most important factor. If the amount of dowry is higher than half the assets or is disproportionate, you may not get your Mehrieh or dowry. This is because the contract would be considered significantly unfair given that one person would be left with nothing and the other person would get all or almost all of everything. If the amount is modest or low compared to the value of all other assets, chances of getting the dowry are higher.
2. Independent Legal Advice: If both parties obtained independent legal advice before signing the Mehrieh papers, Mehrieh will probably be valid and enforceable.
3. Place of Dowry: if the marriage contract and the marriage took place in Canada, i.e. you had your Iranian marriage in Canada, chances of getting your dowry are higher than if the wedding happened in Iran.
4. Length of negotiations: how long was dowry negotiated for? through you and the bride or your parents?
5. Signing: Who signed the dowry papers? You or your parents?
6. Length of marriage: the longer the marriage, the higher chance of getting dowry.
7. And many, many other factors. 

If you want to have an accurate idea of your chances of getting your Mehrieh, you must have a consultation with an experienced family lawyer who is familiar with Mehrieh laws. Contact our award-winning lawyers who have in-depth knowledge on this issue.

How to Get your Dowry in British Columbia?

To apply for your dowry in BC, follow these steps: 

1. File your Notice of Family Claim at the BC Supreme Court. Seek a Claim for dowry under ‘other orders’;
2. Include the amount of dowry under the “Asset” section of your Financial Statement;
3. Tender an expert report for the court to understand the concept of dowry and whether your dowry would be enforceable in Canada;
4. Tender an expert report relating to the value of the dowry;
5. Cross examine the expert if their report is not in your favour at trial.

The issue of dowry is extremely complicated and if you are representing yourself, you probably won’t be able to claim it or defend for it or against it properly. The summary above is what you need to do, but it is only a summary and by no means complete or sufficient. A blog is simply not the venue to discuss this very complicated issue in depth.

Should I Apply for My Mehrieh in BC or Iran?

You can apply for dowry in both BC or Iran. But where to apply depends on the facts of your case. You should discussed your case with a divorce lawyer before you make such important decision such as where to file for dowry.

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.