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Countries · Australia

Australian proceedings see only what is registered. Iranian assets are often invisible — until someone makes them visible.

Family matters run nationwide under the Family Law Act, with full disclosure of worldwide assets. Iranian asset positions — unregistered contracts, nominee holdings without a trust, vaqf ties — stay invisible from the Australian vantage point until they are evidenced from the Iranian registers and documents.

This page describes the interface between Iranian and Australian law. It is not legal advice; Australian law is run by lawyers admitted there.

Family matters

The centre of gravity of the Australian market — and the place where the Iranian evidentiary position decides property divisions.

The form the court requires Both

Here too foreign law is a question of fact proved by expert evidence. The Harmonised Expert Witness Code of Conduct puts it plainly: the expert is not an advocate, and the duty to assist the court impartially overrides any duty to the party who retained them. Instructing solicitors must keep visible distance from the drafting — a report that shows the party’s hand loses its weight before its substance is ever examined.

What that means for the working method. Instructions in writing, the basis disclosed, the law as written kept separate from the practice of applying it, uncertainties named rather than smoothed over. In the same matter I act either for a party or as independent expert — never both; remuneration is independent of the outcome.

Mahr and the Iranian divorce Both

The mahr appears in Australian proceedings as an agreement between the spouses and as a factor in the property settlement; its survival depends on proof and classification. Recognition of a divorce carried out in Iran follows the Australian recognition rules — and again the Iranian process itself is the evidentiary question: what happened, before which body, with what participation of both sides.

Invisible assets Iranian law

Unregistered purchase contracts, titles held through relatives, vaqf-bound values, shareholdings behind the gazette position: which of these is economically attributable to the spouse emerges only from the Iranian registers and documents — and from an explanation of what those papers mean under Iranian law. Iran is not a party to the 1980 Hague Child Abduction Convention; in many family matters that too belongs in the report.

What comes from me. Registry searches and documents from Iran through colleagues; the written attribution under Iranian law; the calculation of the mahr; and the expert report in the form Australian procedure requires.

Succession and documents

The Iranian chain Both

Estates follow state law with domicile and situs attachment; the Iranian assets run through the Iranian procedure. Iranian documents come without an apostille — Iran is not a party — with certified translation and the legalisation chain; powers of attorney are created through the Iranian foreign ministry portal and the Iranian mission in Australia. Before Australian banks an Iranian connection means enhanced scrutiny; assessment of the Australian sanctions regime sits with advisers there.

Limit. No sanctions determinations, no funds through me, no matters with listed parties.

Enquiries concerning Australia

Outline the matter briefly by email and state what is to be achieved. You will receive an indication of which part falls to be settled under Iranian law and which part needs a lawyer admitted in Australia. Please do not send confidential documents in a first message.

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