Abstract:
Divorce and related issues to this phenomenon has a high impact on the lives of people and society;
hence, this issue is one of the most fundamental and important matters in family rights and civil rights. The occurred results of divorce have always been considered by scholars in legal systems. It would be a question that what are the effects of divorce? There are some financial consequences of divorce in legal systems of Iran and Turkey such as dowry, alimony and split-half of property condition. Nonfinancial effects can be named as head of the family (in Iran law) and the issue of custody and guardianship of children after divorce, which has been extensively assessed. There is a significant point in assessment of the consequences of divorce in two studied systems of Iran and Turkey. There would be different effects of divorce because of substantive difference between legal systems of two countries that is based on the difference between their political systems included Islamic system of Iran and secular system of Turkey.
Machine summary:
Conditions of divorces wife in purity (during her monthly period or during the convalescent period) in Iran's legal system Articles 1140 to 1162 of Civil Code have determined required terms of wife, which can be generally summarized in purity of wife and physical separation of couples.
Civil Code has considered 3 exceptions for this issue in said article as follows: unless when the wife is pregnant or when the divorce occurs before matrimonial relations with her, or when the husband is absent so that he cannot obtain information concerning her monthly period.
In regard with sanctions, it should be mentioned that due to the existing regulations and especially Iran's Family Protection Law approval of 2012, when wife wants to get divorce sue to the regulations of Civil Code and religious terms, she should refer to the court and prove one of the causes for divorce and after confirmation of the court, the order of divorce would be issued.
In Turkish Civil Code, divorce has not been considered just in authorities of husband and couples can request for divorce in terms of occurrence of legal cases.
According to the mentioned regulations and limitation of authority of man for divorce, article 1133 of Civil Code was revised by Nov 10th of 2002 as follows: "A man can divorce his wife with observance of conditions of this Code and with reference to the court".
Divorce based on request of wife and its exceptional nature In some cases, law has given right to demand for divorce (articles 1130, 1129 and 1029 of Civil Code).