What are the chances of getting my mehriyeh in BC?

Mehriyeh has been defined by British Columbia courts as a gift a husband makes to his wife, usually at the time the couple are married. The wife can demand her Mehrieh at anytime before, during or after a separation. If you’re drafting a mehriyeh marriage contract, it’s important to have a family lawyer that is experienced in dowry law review it to ensure that your rights and interests are protected.

In British Columbia and Ontario, Canada, under the Family Relations Act, mehriyeh, maher, and dowry contracts are legally enforceable. There are many factors that will be considered in a mehriyeh or dowry case. If the amount of the dowry does not exceed half of the marital assets, it will likely be deemed fair. If your Iranian marriage took place in Canada, the terms will hold more weight than if it took place in Iran. The length of the negotiations will also be considered, and whether the terms were established by the parents years ago, or whether the groom and bride were an active part of more recent negotiations. Were the dowry papers signed by the parents or the bride and groom? The length of the marriage will also be considered, along with other factors.

At Pax Law, we understand the traditional significance and importance of mehriyeh, maher, and dowry contracts. We’re here to help you enforce your rights under these contracts and protect your financial interests. Whether that means negotiating a settlement or going to court, we’ll be here for you every step of the way.

Contact us today to schedule a consultation!

FAQ

Who decides the mahr?

The Mahr or dowry, in middle eastern cultures, is a financial promise from the husband to the wife. The amount is set by the marriage agreement.

How many types of mahr are there?

Under Iranian law, Mahr is usually either of two types: end-al-motalebeh meaning “upon request” and end-al-estetae meaning “upon affordability”.

What is Mehrieh?

Mehrieh has been defined by British Columbia courts as a gift a husband makes to his wife, usually at the time the couple are married.

The real question is whether Mahr or dowry is enforceable or not. If the marriage agreement is comparable in form and content to a Canadian marriage agreement it is enforceable.

How much is the average mahr?

There are no statistics available on what an average Mahr is.

Is Nikkah valid without mahr? 

Yes, unless it is a temporary Nikkah in which the Iranian law mandates the parties to set Mahr.

What happens to mahr after divorce?

It is still payable to the wife.

Is Mahr mandatory?

Under Iranian law, it is mandatory for temporary marriages but not for permanent marriages.