نوع مقاله : مقاله پژوهشی
1 استادیار دانشکده حقوق دانشگاه شهید بهشتی
2 دانشجوی دکتری حقوق خصوصی دانشکده حقوق دانشگاه شهید بهشتی (نویسنده مسئول)
3 دانشجوی کارشناسی حقوق دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
Divorce, as one of the most important social harms to the family institution, has existed in various forms. Among the various forms of divorce, consensual divorce has received the most attention because of its relatively simple and short process. In consensual divorce, couples agree on financial and non-financial matters and by obtaining the certificate of incompatibility, provides the ground for divorce. However, couples may withdraw from the divorce before or after issuing the certificate. Because of the prevalence of consensual divorce, it is necessary to examine the possibility or impossibility of the couples to withdraw from the divorce, before or after issuing the said certificate. In general, it seems that in the current legal situation, if the withdrawal from the consensual divorce is before issuing the certificate, the withdrawal with the will of either couple, eliminates the grounds for issuing the certificate. If the withdrawal from the consensual divorce is after issuing the certificate, it seems that 1) the withdrawal of the husband, eliminates the enforceability of the certificate; unless the wife has an irrevocable mandate in the execution of divorce. 2) The withdrawal of the wife has no effect on the enforceability of the certificate. 3) the withdrawal by the joint will of the couples is irrelevant because of the main role of the husband's will in eliminating the enforceability of the certificate; unless the wife has an irrevocable mandate in the execution of divorce, in which, the withdrawal by the joint will of the couples will be considerable.