Divorce registration in Azerbaijan
- Emil Khudiyev (Lawyer)
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The marriage began to crack, and now the spouses think, that “We didn’t get along” and began to look for a lawyer to competently formalize this procedure.
“The family is the first and vital cell of society” – We always adhere to this opinion and in every possible way try to help the parties save the marriage. Spouses have common rights and obligations to each other, and if there is a common child, then to him.
So, how to start the divorce process in Azerbaijan? Let’s review step by step…
Main legal basis for the divorce procedure is the Family Code of Azerbaijan. The Code provides 2 types of divorce procedure:
Dissolution in registry office:
If the spouses do not have common children under 18, the marriage can be dissolved on the basis of their mutual consent in the registry office (under the Ministry of Justice of Azerbaijan).
To do this, you need to contact the same registry office (also available in the ASAN Service), where the marriage was registrated or at the place of residence of one of the spouses.
Personal presence of the spouses is mandatory.
Dissolution in courts:
If the spouses have common children under 18, or one of the parties doesn’t give consent to the dissolution of the marriage or evades the dissolution in the registry office, then the divorce should be carried out through the court.
According to the latest amendments to the family legislation of Azerbaijan and the creation of the Mediation Council, a person who wants to dissolve a marriage must apply to a mediator* before applying to court.
*Mediator is an intermediary whose goal is to reconcile the parties, or reach a certain agreement between them. If it is not seem possible to achieve reconciliation, then the parties may go to court).
In addition to the dissolution of a marriage between spouses, the court also considers the following issues:
1. Child custody;
2. Alimony obligations;
3. Division of joint property (at the request of the spouses).
Documents required for dissolution of marriage in Azerbaijan
To dissolve a marriage through a court in Azerbaijan, you must provide the following documents:
1. Original marriage certificate;
2. Copy of the child’s birth certificate;
3. Copies of the ID cards of the spouses;
4. A document confirming the passage of mediation process;
5. Document confirming payment of the state duty.
Часто задаваемые вопросы
How long does it takes to dissolve the marriage?
In case of divorce through the registry office – 30 days after filing a divorce application.
In case of divorce in court – up to 5 months.
If the parties mutually agree to divorce and they have no disagreements on other issues, the court usually appoints 1 preparatory trial and 1 review trial in court, at the end of which it takes the final decision.
If one of the parties does not agree to the dissolution of the marriage, the court may give the spouses up to 3 months for reconciliation.
Can citizens of Azerbaijan dissolve a marriage registered abroad?
Yes. In accordance with Article 150.2 of the Family Code of Azerbaijan, an Azerbaijani citizen, who lives outside of Azerbaijan may dissolve a marriage concluded with a husband (wife) residing outside of Azerbaijan through a judicial procedure in Azerbaijan, regardless of the citizenship of the spouse.
How EMZE can help you?
In many cases, during the divorce process, each of the spouses proceeds more from emotions, neglecting the legal norms.
The assistance of a Lawyer in Azerbaijan guarantees the protection of rights in the divorce process. First of all, it is recommended to take an advice from a lawyer, because a divorce application drawn up by a lawyer lays a solid foundation for the proper conduct of the case from the very beginning.
Other legal services in the field of migration law, you can find in “My Services” section.
Need a Lawyer in Azerbaijan? Just Call Emil!
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