Is my dower from Iran enforceable in Ontario?

In my marriage certificate (dower) from Iran, it states that my husband must pay me a sum of money on demand. We now live in Ontario. Is this contract enforceable in Ontario?

According to section 58(a) of the Family Law Act: "The manner and formalities of making a domestic contract and its essential validity and effect are governed by the proper law of the contract, except that, a contract of which the proper law is that of a jurisdiction other than Ontario is also valid and enforceable in Ontario if entered into in accordance with Ontario’s internal law."

Furthermore, according to section 52(1)(d) of the Family Law Act: "Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including, any other matter in the settlement of their affairs."

In addition, pursuant to section 55(1) of the Family Law Act: "A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed."

In Ghavamshirazi v. Amirsadeghi, the parties entered into an marriage bill in Iran on April 17, 1991. Under the bill, the husband was obligated to pay the wife, on demand, 500 gold coins (Cdn. $102,371.35) as dower or in respect of that obligation. The trial judge found that the Iranian marriage contract between parties, including provisions relating to the dower, was valid and enforceable. The Respondent then brought a motion to set aside the Order. His Motion was dismissed. Ultimately, G.A. Campbell J. held that the marriage bill entered into in Iran was a valid marriage contract capable of being enforced in Ontario. He reasoned that section 58(a) of the Family Law Act provides that a marriage contract made outside of Ontario is valid if entered into in accordance with Ontario law. Furthermore, he noted that section 52(d) of the Act provides that a marriage contract may deal with any matter in the settlement of the parties' affairs and that the dower obligation could fall into that category.

However, it is equally important to note that there have been decisions which have determined that such contracts are not enforceable.

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