Can Ontario Courts Enforce Iranian Mehrieh (مهريه)? Here’s What You Need to Know.

Can Ontario Courts Enforce Iranian Mehrieh? Here’s What You Need to Know.

By OneLegal Professional Corporation – Advocates in Cross-Border Family Law

Keywords: Iranian mehrieh in Ontario, foreign divorce recognition, Ontario family law, enforceability of mehrieh, Iranian marriage contract Canada

When Ontario courts are asked to weigh in on international marriage contracts—particularly the mehrieh in Iranian marriages—the legal waters can get murky. As Ontario grows increasingly diverse, so do the family law issues that come before our courts. One frequent question we hear from Iranian-Canadian clients is:

Can Ontario courts enforce the mehrieh—the financial promise in an Iranian marriage contract? Let’s break it down.

🔍 What Is Mehrieh?

In Iranian law, mehrieh refers to a monetary obligation owed by the husband to the wife, often outlined in the marriage contract. It's a powerful financial protection for women in Iranian family law, enforceable through Iran’s legal system. But how does this translate once the couple lives—or divorces—in Ontario?

⚖️ Jurisdiction: Do Ontario Courts Even Have Authority?

The short answer: it depends.

Ontario courts must establish a “real and substantial connection” to the case to take jurisdiction. If a couple obtained a divorce in Iran, and both parties attorned to the Iranian court’s jurisdiction, Ontario courts may decline to intervene—especially in property division or spousal support.

In short: just because someone now lives in Ontario doesn’t mean Ontario automatically gets involved.

🌍 Foreign Divorce & Mehrieh Recognition

Canada generally recognizes valid foreign divorces. However, this doesn’t mean Canadian courts will enforce every aspect of those rulings.

• In Hamadanizadeh v. Haydarian, the Ontario court refused to recognize an Iranian divorce and the mehrieh clause, deciding that it didn’t conclusively settle property rights under Canadian law.

• On the other hand, in Afshar v. Mahmoodi, the court recognized the mehrieh as a domestic contract—but notably did not include it in Net Family Property calculations.

So yes, mehrieh can be recognized, but its enforceability is anything but guaranteed.

🚫 Beware: Losing Rights Under Canadian Law

Once a foreign divorce is recognized in Ontario, you may lose rights under Canadian law—especially regarding spousal support or property division. If the foreign judgment included financial terms (e.g., mehrieh), those payments might bar any additional claims in Ontario (Rezagholi v. Ezami).

💡 So, What Should You Do?

If you’re navigating a divorce involving a mehrieh—whether you’re the payor or recipient—you need advice grounded in both Iranian and Ontario legal frameworks. Your decisions now could determine whether you gain—or lose—significant rights in Ontario.

✅ Take Action Today

At OneLegal Professional Corporation, we specialize in cross-border family law disputes, including the treatment of foreign marriage contracts and divorce judgments. If you’re an Iranian-Canadian facing legal issues involving a mehrieh, you don’t have to navigate this alone.