Registration of marriage, divorce, property and non-property relationships among family members and other persons are regulated by the Family Code of the Republic of Azerbaijan. Spouses have equal private and property rights in family affairs due to the right of equality between women and men in accordance with the Constitution of the Republic of Azerbaijan.Registration of marriage: Legal age of marriage in Azerbaijan is 18 for both men and women. In order to register the marriage it is required to submit a written form of consent of both parties. Other requirements that are necessary to meet are being at the minimum legal age of marriage and submitting a medical certificate confirming the statutory medical examination passed by the parties.
Dissolution of marriage: In case of mutual consent of spouses to dissolve the marriage, where they do not have common minor children, divorce is registered with the appropriate body of the executive power (i.e. local registration offices of the Ministry of Justice).
Otherwise, the divorce must be exercised by local courts. The court must determine i) a place of living of minor children after divorce; ii) alimony obligation of parents for children and its amount; iii) division of common property upon a request of spouses (or one of them); iv) maintenance allowance for one of the spouses (upon request of a spouse) who has a right to get such allowance from other spouse and amount of it.
International jurisdiction of local courts: Azerbaijani courts shall have international jurisdiction in litigation arising out of marital relationships:
- where one of the spouses is a citizen of the Republic of Azerbaijan or was a citizen of the Republic of Azerbaijan at the time of registration of marriage;
- where sued husband or wife has a permanent place of residence in the Republic of Azerbaijan;
- where one of the spouses is a stateless person as of date he/she came to the Republic of Azerbaijan.
Joint property of spouses: Property acquired by spouses during marriage is deemed as their common joint property. The common joint property of spouses includes:
- profits from employment, entrepreneurial activities and results of intellectual activity, pensions and allowances received by each of them, as well as other payments, which do not have any special destination (the sum, paid for disability as consequence of disablement, any form of injury, the sum of material allowance and so on);
- movable and unmovable properties, securities, shares, savings, etc.
Division of spouses’ common joint property: The spouses’ common joint property can be divided both during the period of marriage, and after the divorce. Common joint property of the spouses can be divided between the spouses according to their agreement. In case of a dispute, local courts make a decision on the division of common joint property and determination of spouses’ shares in such property.
Alimony for children: Parents are obliged to look after their children. However, if the parents do not look after their children, alimony is deducted from parents’ property/income through local courts.
In the absence of consent for payment of alimony, the following amounts are deducted from parents by courts for:
- one child – a quarter of the income;
- two children – one-third of the income;
- three or more children – half of the income.
The amount of these shares can be reduced and increased by the court, taking into account the family and financial status of the parties, as well as other circumstances which are remarkable.
If you need any help about family law, Baku Attorneys & Consultants, an Azerbaijani law firm, will guide you through all stages of protection of your rights . Please contact us by visiting our website- www.batco.az.