What can a Persian-speaking (Farsi) family lawyer in Toronto do for an Iranian-Canadian family?

A Persian-speaking family lawyer in Toronto applies Ontario law to family problems that have ties to Iran, and lets you explain your situation in Persian (Farsi). That includes a mahr (mehrieh), a marriage or divorce from Iran, property in Iran, support from a parent abroad and children travelling to Iran. Sourena Sarbazevatan is a Persian-speaking lawyer, and consultations are available in English, Persian (Farsi) and French.

This page is the starting point for Iranian-Canadian and other Persian-speaking families in Toronto, Thornhill, Richmond Hill and the rest of the GTA. Each section gives a short answer and then links to a full guide that sets out the statute, the court rule and the official source behind it. If you need the general picture first, our main page on divorce in Ontario explains how a separation becomes a court case. The law that applies is Ontario law and federal Canadian law, whatever language the family speaks at home and wherever the couple married.

Speaking your own language matters most at the start, when you are describing a marriage contract written in Persian, property records from Iran or a family conflict that is hard to put into English. The firm's website is also available in Persian, and the firm serves the Iranian and Persian community across Toronto, Thornhill and Richmond Hill.

How does a family case work for a Persian-speaking family here, step by step?

The steps are the same for every family in Ontario. What differs for families with ties to Iran is the paperwork, the time needed to reach a spouse abroad and a few rules that only matter when a marriage, a child or property crosses a border.

Court proceedings in Ontario take place in English or French. The Ministry of the Attorney General provides interpreters in any language in criminal and child protection matters, but in a family case it provides one in any other language only if you qualify for a fee waiver or the court orders it; French is always available. So if you or a witness need Persian in a family courtroom, raise it early; our guide to Farsi interpreters in Ontario courts explains the fee waiver route. In most cases you also need a certified English translation of documents written in Persian, starting with the marriage certificate.

What do Iranian-Canadian families ask most, and where is each answered?

A mahr (mehrieh). An Ontario court treats a mahr as a marriage contract. If it is in writing, signed by both spouses and witnessed, it can be enforced (Family Law Act, s. 55(1)). In Bakhshi v. Hosseinzadeh, 2017 ONCA 838, a case about a marriage in Iran, the Court of Appeal held that a mahr is counted in the equalization of net family property unless its own wording says otherwise. Our guide to whether a mahr (mehrieh) is enforceable in Ontario walks through that decision and its numbers. The general rules for marriage contracts and separation agreements are on our page about domestic contracts in Ontario.

A marriage registered in Iran. You do not need to return to Iran to divorce. An Ontario court can grant a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the application (Divorce Act, s. 3(1)). Read divorcing in Ontario after marrying in Iran for the documents, the translation rule and serving a spouse who lives in Iran.

A divorce granted in Iran. Canada recognizes a foreign divorce if either spouse was habitually resident in that country for at least one year before the proceeding started, and other recognition rules still apply (Divorce Act, s. 22). A religious divorce on its own does not end a marriage in Canada. Our guide on how a religious divorce fits with an Ontario divorce covers section 21.1 and the protections around it.

The divorce certificate. Many people need it to remarry, to sponsor a new spouse or to deal with records in Iran. The Government of Canada says a Canadian divorce certificate is not automatically recognized in Iran. See how to get a divorce certificate in Ontario.

Property in Iran. Property outside Canada can be part of net family property: in Bakhshi, real estate in Iran was part of the calculation. The Family Law Act points to the law of the place where the spouses last had a common habitual residence (s. 15), which for most families who settled here is Ontario. Read whether property in Iran counts in an Ontario equalization before you complete a financial statement.

Child support when a parent lives in Iran. Iran is not a reciprocating jurisdiction under Ontario's Interjurisdictional Support Orders Act, 2002, and it is not a party to the 2007 Hague Child Support Convention, so the cross-border tools that work with many countries do not work with Iran. Our guide on child support when a parent lives outside Canada explains what an Ontario court can still do.

Children and travel to Iran. Iran is not a party to the Hague Convention on child abduction. The Government of Canada also warns that children of a male Iranian national, including Canadian-Iranian children, are in the sole custody of their father under Iranian law and need his permission to leave Iran. Read whether a parent can take a child to Iran without your consent for the orders an Ontario court can make before a trip.

A custody order made in Iran. It does not take effect in Ontario by itself. A parent must ask an Ontario court to recognize it, and the court can refuse on grounds set out in section 41 of the Children's Law Reform Act. Our guide to whether a custody order from Iran counts in Ontario explains each ground.

Settling a dispute through a community or religious figure. You can take advice from anyone you trust, but only an arbitration conducted under Canadian law can be enforced. See whether a family arbitration award is binding in Ontario.

Which court will hear your case: Toronto or York Region?

Toronto has no unified family court. A divorce or a property claim goes to the Superior Court of Justice at 361 University Avenue, while a parenting or support case without a divorce can start at the Ontario Court of Justice at 47 Sheppard Avenue East or 311 Jarvis Street, depending on your provincial electoral district. Our guide to which Toronto family court handles your case sets out the split. The guide for Toronto families lists the local offices and services.

Many North York families are assigned to the courthouse described in what to expect at the North York family court. Families in Thornhill, Richmond Hill, Vaughan, Markham and Newmarket go to one court for every family issue. Read how York Region family cases work. Our page on the Newmarket family court describes the courthouse itself. Where the children live decides where a parenting case starts (Family Law Rules, r. 5(1)(b)), so a family split between Toronto and York Region may not end up in the court nearest to you.

What changes the answer?

• How long you have lived in Ontario. A divorce needs one year of habitual residence in Ontario by either spouse immediately before the application (Divorce Act, s. 3(1)). A foreign divorce is judged by where the spouses lived before it (s. 22(1)).
• Where the children habitually live. An Ontario court makes a parenting order only if the child is habitually resident in Ontario, or in limited cases set out in section 22 of the Children's Law Reform Act. Taking a child away without consent does not change the child's habitual residence unless the other parent acquiesces or delays (s. 22(3)).
• Where you last lived together. Property rights between spouses follow the law of their last common habitual residence (Family Law Act, s. 15).
• The exact words of the mahr. Property is excluded from net family property only if a domestic contract says so (Family Law Act, s. 4(2)), which is why the wording decided Bakhshi.
• Whether a contract signed abroad meets Ontario's form rules. A contract made outside Ontario is valid here if it was made in accordance with Ontario's internal law (Family Law Act, s. 58).
• Whether the other country is a treaty partner. The Hague abduction convention is law in Ontario (Children's Law Reform Act, s. 46) but works only between countries that joined it, and Iran has not.
• Whether there has been family violence. It is a factor in every parenting decision (Children's Law Reform Act, s. 24(3)(j)); our guide on how family violence affects parenting decisions explains how.

A worked example

For example, imagine a couple who married in Tehran with a mahr of gold coins written into the marriage certificate, moved to Richmond Hill eight years ago and have now separated. The children live with their mother. During the marriage the husband bought an apartment in Shiraz in his own name, and he now wants to take the children to Iran for Nowruz.

Because the family lives in York Region, the case goes to the Family Court in Newmarket, which can deal with the divorce, property, support and parenting in one place. Either spouse can ask for the divorce, because both have lived in Ontario for more than a year. The wife orders a certified English translation of the marriage certificate. The mahr is a valid marriage contract if it meets the form rules, and because it says nothing about the Family Law Act, it is counted in each spouse's net family property and then paid as a debt. The Shiraz apartment goes on the husband's financial statement at its value on the separation date. On the trip, the mother does not sign a consent letter. She asks the court for terms that require written consent or a court order before the children leave Ontario, because Iran is outside the Hague Convention. This is a hypothetical walk-through of how the rules fit together, not a prediction of any result.

What mistakes do Persian-speaking families make?

1. Assuming that a ruling in one country settles the matter in the other. A divorce or custody decision from Iran needs to meet Canadian recognition rules, and the Government of Canada says Iran does not automatically recognize Canadian family court orders.
2. Leaving property in Iran off the financial statement. It counts, and failing to disclose significant assets is a ground to set aside an agreement later (Family Law Act, s. 56(4)).
3. Treating the mahr as separate from property division. Unless the mahr says otherwise, it is counted in equalization.
4. Giving up a mahr or support in exchange for a religious divorce without advice. A court can set aside an agreement made under that kind of pressure (Family Law Act, s. 56(5)).
5. Agreeing to a trip to Iran without written terms. Once a child is in Iran, an Ontario order may not bring the child back.
6. Relying on a relative to translate documents or speak for you at court. A divorce application needs a certified translation of a marriage certificate that is not in English, and court interpreting is done by accredited interpreters.

What to do this week

1. Find your marriage certificate and any separate document recording the mahr, and arrange a certified English translation.
2. List all property in Canada and in Iran, with the date each item was acquired and whether it was a gift or an inheritance.
3. Write down the date you separated; it is usually the valuation date for property (Family Law Act, s. 4(1)).
4. If you are worried that a child may be taken abroad, speak to a lawyer before any trip is booked rather than after.
5. Work through our first-week separation checklist. Then note the time limits in the deadlines in an Ontario family case.
6. Book a consultation in the language you are most comfortable with: English, Persian (Farsi) or French.

Frequently asked questions

Can my whole consultation be in Persian?

Yes. Sourena Sarbazevatan is a Persian-speaking lawyer, and consultations are available in English, Persian (Farsi) and French. You can discuss your family matter in the language you are most comfortable with.

Will the court provide a Persian interpreter in my family case?

In family court, the Ministry of the Attorney General provides an interpreter in a language other than French only if you qualify for a fee waiver or the court orders it. Raise the need at the start of the case so it can be arranged before your first appearance.

My spouse lives in Iran and will not answer. Can the case go ahead?

A spouse served outside Canada or the United States has 60 days to answer. If no answer is filed, the court may deal with the case without that spouse and may set a date for an uncontested trial (Family Law Rules, rr. 10(5) and 1(8.4)). Proper service still has to be proved.

Do these guides cover Iranian law?

No. They explain Ontario and federal Canadian law only. For questions of Iranian law, such as registering a Canadian divorce in Iran, the Government of Canada advises consulting both a Canadian and an Iranian lawyer.

We were never formally married. Do these rules still apply?

Some do. Unmarried partners can claim support in Ontario after three years of living together, or sooner in a relationship of some permanence with a child, but equalization of property applies only to married spouses. See when common-law partners owe or receive spousal support.

Can a Persian-speaking family use mediation instead of court?

Yes. Mediation and arbitration are available in Ontario, and a mediator helps you reach an agreement without deciding anything. An arbitration award is enforceable only if the process followed Ontario's family arbitration rules and Canadian law.

Does the firm handle cases outside Toronto?

The firm serves families across Toronto, Thornhill and Richmond Hill. York Region families file in Newmarket, and Toronto families file in Toronto, so the courthouse depends on where you and your children live.

Related questions

If you are dividing property, read how the financial statement and its attachments work before you gather records from Iran. If a child's travel is the immediate worry, start with the travel guide above, then the main page on parenting decision-making in Ontario.

Sourena Sarbazevatan was called to the Bar of Ontario in 2015 and is a Persian-speaking lawyer, so you and your family can discuss your matter in Farsi. Call +1 (416) 628-2041 or use the contact page.