FrågaFAMILJERÄTTBodelning19/03/2018

What will Mehr be seen as in Sweden?

Hello again,

Thank you so much for considering my question. I wish all the bests for you.

I just asked a question about 'Mahr' but i think the answer was not clear for me.

You right, Mahr is not valid in Sweden but it is valid in Iran and I can be prosecuted based on Iranian laws once i enter Iran.

When we are living in Sweden, she can claim on me base on swedish law's to split the wealth and then in she prosecute me for the Mehr.

In this case i had to pay the half of weath (In Sweden) + Mehr (In Iran)?

or

it is possible that Mehr be recognized as a splited wealth? (Mehr (Iran)+splitted wealth(Sweden)=Half of the wealth)

I know it may not be a common case in Sweden but it is an important issue for many Iranian who are living here and have connection with Iran. Actually, I see many friends don't know what to do since it is possible to be accused by two family laws with different prospective. You can add Iranian mentality that it is ominous to talk about such an issue while you are in honey moon and problem will arise once the first contact happened.

thank you very much for the super useful helps.

Regards

Lawline svarar

Hello, I will try to help you with your further questions.

Since Mahr is not valid in Sweden your agreement will not count here if you will divorce in Sweden and apply Swedish law. Since the agreement is not valid your wife can't claim the money and therefore it will be seen as martial property if you have not written a prenuptial agreement that is valid in Sweden. However, you do not need to pay the Mehr since it is not valid in Sweden.

1. The answer to your first reflection regarding if you have to pay the Mahr and the martial property the answer is no. This is since Mahr is not valid in Sweden. You and your wifes' wealth and property will be divided equally between you to according to 11 chapter 3 article Marriage code.

2. Regarding your second reflection. Mehr is not valid in Sweden and your property will be seen as martial property (if you and your wife have not assessed anything else in a prenuptial agreement). Since your wife can not claim the Mehr a judge will not have to take a stand about your reflection.

After all, if you and your wife divorce and you pay the Mahr after a legal estate division it is probably seen as a gift and nothing that you can claim afterwards. The important to know is that Mahr is not valid and that you and your wifes properties will be divided equally if you hav not assessed anything else.

I hope you found answers to your questions. If you would like further help I recommend you to use Lawlines other services.

Kind regards,

Lawline RådgivareRådgivare
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