Document Type : Original Article

Authors

• ALIASGHAR HATAMI ¹
• MARZIEH SHARGHI ²

¹ Associate Professor of Law School, Shiraz University

² Ph.D. student of private law, Shiraz University

Abstract

It is obvious that the divorce which is called the most abusive lawful to the Creator of the world, has a devastating effect on the individual and society. But since the insistence on the survival of a relationship sometimes leads to far more destructive effect than to differentiate it and to disrupt it, there is no avoid for accepting it as the last resort . Nevertheless, the main issue is that who determines the necessity of dissolving a marriage contract and according to what criteria? It seems that due to the fact that the divorce is denied and its unfortunate results, it is better to keep pace with the general policy of maintaining a family and reducing divorce rates and its scope to be limited to cases where the continuation of common life for both parties, or one of them, will be by hardship and hardness. 

Keywords

• Hardship and Hardness
• Certificate of impossibility of conciliation
• family Foundation
• divorce provisions
• Agreement divorce