Comparative Study of the Institution of Out-of-Court Divorce and Analysis of the Approach of the Turkish and Iranian Legal Systems to It

Document Type : Original Article

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Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran

Abstract

Divorce and the divorce enforcement process have long been one of the concerns of governments and one of the most important social problems, so that governments are always looking for a way to formulate divorce regulations in a way that preserves the principles of Sharia and public order, so that the workload of the courts, frees couples from heavy court costs and attorney fees, accelerates the divorce process, and respects the rights of the parties are preserved. This is why in recent years, the institution of out-of-court divorce or a kind of divorce before administrative authorities has been proposed in some Western countries, especially European Union member states, and extensive legal changes have been made. However, due to the close relationship between family law and public order and the role of the judge in the divorce process, the institution of out-of-court divorce has not been accepted in Turkish and Iranian law. However, given that a significant portion of divorces in Iran and Turkey are carried out by agreement, it can be imagined that in the future, with appropriate legal regulation, this institution will also be acceptable in Turkish and Iranian law. This study examines the institution of out-of-court divorce by citing examples from the laws of different countries and aims to explain the current approach of Turkish and Iranian laws towards this institution.

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