Judicial and non-judicial termination of marriage
During the dissolution of marriage both in a judicial and non-judicial manner, other issues arise, such as the right to alimony, the procedure for determining the amount of alimony, the reduction of alimony, as well as cases when recognition of the marriage is invalid and when the divorce is unacceptable.
Family law is governed by the Family Code and other laws. The right to marry, the right to divorce, to collect alimony after the divorce, the establishment of paternity, disputes on contesting paternity, adoption and other issues arising in connection with family relations are also part of family law.
Divorce occurs in a judicial or non-judicial manner. The process of divorce is carried out in a certain sequence, such as mutual consent of the parties or filing a petition for divorce in court, collecting and filing other relevant documents.
The subject and principles of family law
The subject of family law is social relations that arise between family members, and not the family as a whole. Thanks to these relationships, which form the basis of family law, we distinguish it from other areas of law. The complexity of family relations makes it impossible to regulate it with the help of other non-family legal norms. The regulation of family law is based on mutual respect, love, and friendship between family members. The main characteristic of the family law is that a family is a group.
Article 2 of the Family Code of the Azerbaijan Republic establishes how relations are regulated in family law (rules and conditions for marriage, divorce and invalidation of a marriage, regulates property and personal non-property relations arising between family members (spouses, parents and children), or in cases provided for by law and the limits between other relatives and other persons, and also establishes the rules for the adoption of children deprived of parental care).
The principles of family law are characterized by free will and freedom of expression. The following are the basic principles of family law:
- Equality of women and men in resolving all issues of the family, both personal and property nature;
- The principle of monogamy (monogamy);
- Freedom of divorce;
- The principle of voluntary marriage between men and women;
- State protection of the rights and legitimate interests of mothers and children, ensuring priority protection of their rights and legitimate interests;
- Inadmissibility of interference of religion in the regulation of family relations;
- The priority of education of family values for children;
- Equality of citizens in family relations, regardless of nationality, race, social status, religion or language;
- Protection of parental rights.
What is marriage?
Marriage is a voluntary union of a man and a woman, registered with the relevant executive authority with the aim of creating a family. In the Republic of Azerbaijan, the legal regulation of marriage and family relations is legally carried out by the state, and only marriage concluded in the relevant executive authority is recognized. Religious marriage (religious marriage) has no legal significance.
To conclude a marriage, a written consent of those entering into marriage, a certificate of medical examination and the achievement of marriageable age are required. The marriage age in the Republic of Azerbaijan is set at 18 years. If there are good reasons, at the request of minors wishing to marry, the relevant executive authority may reduce the age of marriage by no more than 1 year.
In what cases marriage is not allowed?
According to article 12 of the Family Code, marriage between the following persons is not allowed:
Close relatives (parents and children, grandparents and grandchildren, relatives and stepbrothers (having a common father or mother) brothers and sisters);
Adoptive parents and adopted;
Persons, one of which or both are married;
Persons refusing to provide a certificate confirming their medical examination;
Persons, one of which or both are recognized by the court as legally incompetent due to mental illness or mental retardation.
If the spouses do not have common minor children, the marriage on the basis of their consent can be dissolved in the relevant executive authority. Divorce, regardless of the presence of common minor children, is carried out in the relevant executive authority on the basis of a husband (wife) application in the following cases:
Recognition of husband (wife) in court by missing persons;
Recognition of a husband (wife) legally incompetent;
Imprisonment of a husband (wife) for committing a crime for at least 3 years.
If the spouses have common minor children or the husband (wife) disagrees to divorce, the marriage is dissolved in court.
If there is the consent of the spouses, but one of them avoids divorce at the appropriate executive authority (a refusal to submit an application, non-arrival for state registration of divorce, etc.), the divorce is carried out in court. When the court establishes the impossibility of cohabitation of spouses and the preservation of the family, the marriage is dissolved in court.
If one of the parties does not agree to divorce, the court may adjourn the case by setting a 3-month period for the reconciliation of spouses. If reconciliation does not occur or they (one of them) insist on the dissolution of the marriage, the marriage is dissolved.
When is it impossible to dissolve a marriage?
Divorce is not a simple process, as we assume. The law establishes a number of restrictions when it comes to divorce. Thus, during the period of the wife’s pregnancy or within 1 year after the birth of the child, the husband does not have the right, without his wife’s consent, to institute a divorce. This provision applies both to the judicial procedure of divorce and the procedure for divorce in the relevant executive authority (Ministry of Justice). One year after the birth of the child, this provision expires, and the husband can sue for divorce, regardless of the termination of the proceedings earlier.
It should be noted that the legislator does not establish exceptions for a deceased child or children who do not live within one year after birth. In other words, these circumstances also limit the husband’s right to demand a divorce.
What is child support?
As stated in the provisions of the Family Code, child support is a certain amount of money that a court withholds from parents to support their children, as well as in certain cases of other family members. If these persons agree among themselves, they must conclude an agreement on the payment of alimony. This agreement indicates the amount of alimony and other issues. In the absence of an agreement on the payment of alimony, alimony shall be withheld out of court.
As you know, child support during a divorce is one of the most important and controversial issues that need to be addressed. Child custody is the responsibility of the parents. Children's rights are protected by law. When parents voluntarily refuse custody of a child, the dispute is resolved in court.
In what cases child support is not paid after a divorce?
One of the most frequently asked and controversial questions about paying child support is the question of when you should not pay child support. Thus, the payment of child support held by the court is terminated in the following cases: when the child reaches the age of adulthood or the minor child acquires full legal capacity, the adoption of the child on whom the child support is paid, or in the case of the death of the person receiving the child support, or the person paying the child support.
Amount of the payment of alimony
In the absence of an agreement between the parents on the payment of alimony, one of them may file a lawsuit on withholding alimony for minor children in court. In the absence of consent to the payment of alimony, the court withholds monthly from their parents alimony for children in the following amounts: for 1 child - a quarter of the earnings and/or other income of the parents; for 2 children - a third of earnings (other income); for 3 or more children - half of the earnings (other income). The amount of alimony may be reduced or increased by the court, taking into account the marital and financial situation of the parties, as well as other facts noteworthy.
Reducing child support payments
The legislation provides for a reduction in child support under certain circumstances. For example, if the payer of alimony has other children and they are less well off, the person paying alimony is a group I or II disabled person (that is, the only source of income for these people is pension benefits and they need a lot of medicines), the person receiving alimony works and gets quite a decent salary.
Legal services for divorce
Everyone has the right to apply for proper legal assistance in the dissolution of a marriage in such legal proceedings as filing a lawsuit, collecting the necessary documents and applying to the court, including child support payments, determining the amount of payments and reducing child support.
Our highly qualified staff will provide you with legal services in cases of divorce, both in court, including the necessary procedures (preparation of a statement of claim, collection of necessary documents, participation in litigation), and the provision of legal services in cases of divorce out of court.