A Comparative Study of Financial Aid throughout the Divorce Process and Post Divorce

The nature of spouse relationship is based on love and affection, honesty and trust which require the couple not to be alien to each other during and after divorce. Hence the post divorce financial aid has been considered in all legal systems. So unilateral gifts, adequate payment and monthly maintenance has been included in Iran legal system, but practically great challenges remain. In the law of Western and European countries shared property system makes financial settlement possible during divorce. The law regarding monthly maintenance has been enforced in Islamic countries as well as in Western and European countries. The present article while reviewing the legal system of other countries in comparison with Islamic Jurisprudence has offered some suggestions to eliminate the inadequacy in Iranian law in post divorce. To compensate the loss inflicted in post divorce, shared property law during marital life is recommended which can fairly solve the financial trauma of post divorce.