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Information Journal Paper

Title

Withdrawal from the consensual divorce(Analytical review of the Family Protection Law approved in 1974 and 2012)

Pages

  283-300

Abstract

 Divorce, as one of the most important social harms to the family institution, has existed in various forms. Among the various forms of divorce, consensual divorce has received the most attention because of its relatively simple and short process. In consensual divorce, couples agree on financial and non-financial matters and by obtaining the certificate of incompatibility, provides the ground for divorce. However, couples may withdraw from the divorce before or after issuing the certificate. Because of the prevalence of consensual divorce, it is necessary to examine the possibility or impossibility of the couples to withdraw from the divorce, before or after issuing the said certificate. In general, it seems that in the current legal situation, if the Withdrawal from the consensual divorce is before issuing the certificate, the Withdrawal with the will of either couples, eliminates the grounds for issuing the certificate. If the Withdrawal from the consensual divorce is after issuing the certificate, it seems that 1) the Withdrawal of the husband, eliminates the enforceability of the certificate,unless the wife has an irrevocable mandate in the execution of divorce. 2) The Withdrawal of the wife has no effect on the enforceability of the certificate. 3) the Withdrawal by the joint will of the couples is irrelevant because of the main role of the husband's will in eliminating the enforceability of the certificate,unless the wife has an irrevocable mandate in the execution of divorce, in which, the Withdrawal by the joint will of the couples will be considereable.

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