The condition of halving the property of the couple after the dissolution of marriage (comparative study with English law)

One of the conditions in marriage contracts is the condition of property division. By signing this condition, the husband and wife agree that at the time of divorce, the man will share with his wife up to half of the assets that he acquired during the time of cohabitation. Rather, it is considered based on the rules and the general characteristics of the conditions. Therefore, the purpose of this research is to investigate the condition of halving the property of the couple after the dissolution of marriage by comparing it with English law, which we have studied with a descriptive-analytical method. The obtained results showed that according to the differences in the financial relations of couples in the laws of Iran and England, it can be said that an equivalent for the property halving condition cannot be found in the English legal system, perhaps because the halving condition is actually a protective institution. It is from the wife in the form of a condition in the contract, so that when the request for divorce is from the husband and this request is not caused by the violation of the wife's marital duties, the financial rights of the wife are secured. In English law, according to the nature of alimony and its difference with Iranian law, it can be said that this institution can (unlike Iranian law) provide support to the wife during divorce during her lifetime, because in many cases, alimony is paid during the wife's lifetime. continues.