SEPARATION AND DIVORCE - Divorce - Grounds - Foreign orders

Law360 Canada (December 5, 2023, 6:55 AM EST) -- Motion by the husband to recognize and enforce his Iranian divorce. Motion by the wife for declaratory relief. The husband and the wife were citizens of both Canada and Iran. They were born in Iran, moved to Ontario, married in Ontario, had four children together in Ontario, worked and lived in Ontario and separated from each other in Ontario. As was required under Sharia law, at the time of marriage they entered into a Mehr or marriage portion. The Mehr obliged the husband to give the wife, among other things, 1,000 gold coins. Both the Mehr and Certificate of Marriage were registered with the Iranian government by registration with the Iranian embassy in Ottawa. According to the husband, because the Iranian divorce dealt with issues of property and support, he asked that this court dismiss the wife’s Ontario claims for that relief. He conceded that the Iranian court’s decision not to award child support should not be enforced and asked that the Ontario courts deal with post-separation adjustments, which he stated were not dealt with in Iranian divorces. The wife opposed the husband’s motion for recognition of the Iranian divorce and asked the court for a declaration that the Mehr enforcement did not fully determine the property rights between the parties in the Canadian proceedings....

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