Divorce in Iraqi law

Of Divorce in Iraqi Law Types: 

1. Revocable Divorce:

   It is the divorce in which the husband has the right to return his wife to his guardianship during the waiting period without a new contract, provided that the divorce was completed without prior agreement or waiver by the wife of her rights.

2. Irrevocable Divorce:

   It is divided into two types:

   • Minor Irrevocable Divorce: The husband cannot return his wife except with a new marriage contract and a new dowry.

   • Major Irrevocable Divorce: It occurs after the third divorce, and the husband may not return his wife except after she marries another man and this marriage ends. 

3. Khula Divorce:

   It is done based on the wife’s request in exchange for her waiving her financial rights or part of them to the husband, and it requires the consent of both parties.

4.  Judicial Divorce:

   It is ruled by the judge based on the request of one of the spouses if there is a legitimate reason, such as mistreatment, sexual impotence, or abandonment.

Divorce Procedures:

1. Court Registration:

   Iraqi law requires that the divorce be registered in the competent court to ensure that the rights of the wife and children are preserved.

2. Witnessing the divorce:

   The divorce must be carried out in the presence of two just witnesses to ensure the validity of the procedure.

3.  Determining rights:

   The court determines the wife’s rights such as alimony and deferred dowry, as well as the children’s rights to custody and maintenance.

Effects of divorce:

1. Rights of the wife:

   The wife receives the deferred dowry if it is due, in addition to the maintenance of the waiting period and child maintenance if she has custody.

2. Rights of children:

   The law obliges the father to pay child support and provide for their basic needs. The child’s interest is also taken into account when determining custody.

3. Restoring social balance:

   The law aims to reduce the damages resulting from divorce and ensure the rights of all parties to achieve family balance.

Challenges Associated with Divorce:

1. Psychological and social damage: Divorce negatively affects spouses and children, especially psychologically and socially.

2. Manipulation of rights: Some parties may resort to procrastination or manipulation to avoid paying rights or alimony.

3. High divorce rates: The high rate of divorce in Iraq is a challenge that requires studying its causes and treatments, such as poor marital compatibility or economic conditions.

Conclusion:

Divorce in Iraqi law is a final solution to end a marriage when it becomes impossible to continue. The law is keen to protect the rights of spouses and children and reduce the resulting damages. However, it requires community awareness of the importance of marriage based on understanding and affection to reduce divorce cases and maintain family stability.