The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Study of the possibility of agreement on the Spouse's maintenance in the Law of Iran and England

Authors
amin javadi
davoud nassiran
Islamic Azad University, Najafabad, Iran.
Abstract
In the law of Iran, it is possible to agree on Maintenance in temporary marriage. On a permanent marriage, despite the fact that article 1106 of the civil code has entrusted the husband with the maintenance of a woman, but the legislator's position about an agreement on abandonment or change in the obligation to maintenance in permanent marriage is not clear and there is no legal provision in this case. On the contrary, English legislator has put the agreement mechanism at the top of the list to regulate couples' financial relationships. The present article explains the approach of the two legal systems regarding the issue. It is concluded that The Unilateral duty of maintenance and Compulsory approach of Iranian legislator, in the present era is not consistent with the specific circumstances of all Iranian families. In present situation, it has been suggested that, like the Law of England, the Iranian legislator expresses the possibility of an agreement on maintenance in the permanent marriage as a start in changing the legislative approach and modifying the unilateral duty of maintenance.
Keywords
agreement
England
Iran
Spouse's maintenance
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