One of the disputed issues of many couples from the very beginning before marriage, which continues until divorce, is the issue of dowry. A family attorney can handle all aspects of dowry cases. In general and according to the law, regarding the issue of dowry, the following points should be taken into account:
Everything that has property and can be acquired can be stamped.
The seal must be known between the parties to the extent that their ignorance is removed.
Determining the amount of seal depends on the agreement of the parties.
If there is a condition in the marriage contract that if the dowry is not paid within the specified period, the marriage will be invalid, the marriage and the dowry attorney are valid, but the condition is invalid.
Once the wife is married, the owner is sealed and can make any kind of possession in it.
You can set a period or installments to pay all or part of the Mehr.
If the Mehr Ain is certain and it is found to be defective before the marriage, or after the marriage and before handover, the husband is the guarantor of the defect and loss.
A woman can refuse to fulfill her duties towards her husband until the dowry is submitted to her, provided that her dowry is present, and this refusal will not be a muscat of the right to alimony.
If a woman refuses to fulfill her obligations to her husband before receiving dowry, she cannot use the ruling of the previous article, but her right to demand dowry will not be lost.
If the dowry is not mentioned in the permanent marriage or the absence of dowry is stipulated, the marriage is valid and the parties can determine the dowry by agreement after the marriage, and if there is closeness between them before the agreement on the definite dowry, the wife will be entitled to dowry.
Regarding the previous article, if one of the spouses dies before the dowry is determined and before intercourse, the woman is not entitled to any kind of dowry.
The authority to determine the dowry may be given to the husband or a third party, in this case the husband or a third party can determine the dowry as much as he wants.
If the woman is given the authority to determine the dowry, she cannot determine more than the dowry.
To determine the dowry, the condition of the woman should be considered in terms of family honor and other attributes and her status in relation to her peers, peers, and relatives, as well as the local custom, etc.
If the husband divorces his wife before intercourse, the wife will be entitled to half of the dowry, and if the husband has already given more than half of the dowry, he has the right to return the excess of the half in kind or for example or for a price.
If the dowry is not mentioned in the marriage contract and the husband divorces his wife before getting close and determining the dowry, the woman is entitled to dowry, and if she divorces after that, she is entitled to dowry.
To determine Mehr al-Mut'ah, the man's condition is considered in terms of wealth and poverty.
In an interrupted marriage, lack of dowry in the contract is null and void.
In an interrupted marriage, the death of the wife during the period does not cause the dowry to fall, and it is the same if the husband does not have intercourse with her until the end of the period.
In an interrupted marriage, if the husband gives up the marriage before the end of the marriage, he must pay half of the dowry.
If the marriage contract, whether permanent or interrupted, is void and the relationship has not taken place, the woman does not have the right to dowry, and if the husband takes the dowry, he can return it.
Rights and duties of spouses towards each other
Everyone may have heard a lot about the rights and duties of couples towards each other, but certainly not all of these issues have legal validity and cannot be cited in court or other judicial courts. According to the civil law, the family lawyer can explain to you all the duties of the couple towards each other. In general, the rights and duties of couples are divided into the following according to the law:
As soon as the marriage takes place, the marital relationship is established between the existing parties and the rights and duties of the spouses are established in front of each other.
Husband and wife are obliged to have good relations with each other.
Couples should help each other in building the foundations of the family and raising their children.
In married relationships, the head of the family is one of the characteristics of the husband.
In a permanent marriage, the maintenance of the wife is the responsibility of the husband.
Alimony consists of housing, clothes, food, and household furniture that is conventionally appropriate to the status of the woman, and a servant in the case of a woman's habit of having a servant or her need due to illness or lack of organs.
If a woman refuses to fulfill her marital duties without any legitimate obstacle, she will not be entitled to alimony.
The alimony of a divorced divorcee is the responsibility of the husband at the time of Idah, unless the divorce is pending. will have alimony.
The wife can refer to the court if the husband complains about giving alimony. In this case, the court will determine the amount of alimony and condemn the husband for giving it.
In a divorce contract, the woman does not have the right to alimony, unless it is stipulated or the contract was entered into based on it.
The wife must live in the house designated by her husband, unless the woman is given the authority to determine the house.
If the presence of a woman with her husband in the same house involves the fear of physical or financial harm or honor for the woman, the woman can choose a separate residence, and if the damage is proved, the court will not order her to return to the husband's house, and as long as the woman is excused from returning to the said house. Alimony will be the responsibility of the husband.
A husband can prohibit his wife from a profession or industry that is against the family interests or his or his wife's dignity.
A woman can independently do whatever she wants in her property.
The parties to the marriage contract can enter any condition that is contrary to the requirements of the said contract at the same time as the marriage contract or any other necessary contract.
The parties to the marriage contract can make any condition that is not contrary to the requirements of the said contract in addition to the marriage contract or any other necessary contract, such as the condition that whenever the husband takes another wife, or is absent for a certain period of time, or abandons almsgiving, or attempts to kill the wife. or misbehave
That their lives with each other become unbearable
The lawyer and the attorney in the power of attorney shall absolve himself from proving the fulfillment of the condition in the court and issuing the final verdict.
Family lawyer
Why do we need a family lawyer?
When talking about a family lawyer, concepts such as divorce, dowry, etc. come to mind. But in general, a family lawyer can help us at any time and in any problem related to family law. In fact, it is not necessary for the family lawyer to file a divorce on your behalf or to take away your rights from your wife.
In fact, the main point is that a family lawyer is familiar with family laws and can prevent many incidents before they happen.
Let us clarify this issue with an example. In the past, divorce or going to legal ways was usually a taboo in Iranian families. In other words, many traditional families considered death better than divorce. Therefore, many people tried to stay together even in the face of many physical or mental injuries.
But today, divorce has been proposed as a way and, unfortunately, the first solution to the problem for many families. To put it more simply, with the first serious problem in life, a husband and wife try to threaten each other with a tool called divorce, regardless of any issue, and this issue is the beginning of a path that ultimately causes irreparable damage to both parties. bear
Of course, divorce can be used as a religious and legal way, but it should be noted that this way should be the last way. In simple terms, divorce is like the emergency stairs of a multi-story building. As long as the building is not on fire or as long as other communication ways are not cut off, it is practically meaningless to use emergency stairs.
Conclusion
A family lawyer must not only be familiar with family laws, civil laws, and of course Shari'a and jurisprudence laws, but must also have good psychology.
In simpler words, the family lawyer is in contact with people whose laws can fundamentally change their lives. Therefore, this lawyer must first be able to have full and sufficient control over them. The more complete this mastery is, the easier the problems will be solved.
On the other hand, a family lawyer is not effective only during divorce or marriage related issues. Rather, this lawyer can be involved in all matters related to the family. Many successful families always use a psychologist and, of course, a reliable family lawyer by their side. This makes the members of this family get away from it before they face problems.