Azerbaijanis not Interested in Signing Marriage Contract

Azerbaijan, Baku, 21 June /corr. Trend K.Zarbaliyeva / The Azerbaijani family legislation envisages signing a marriage contract between individuals who get married. However, those who get married are not interested in this contract which results in serious problems in division of property.

According to statistics data, suits filed in courts on civil conflicts often arouse as a result of family disputes over division of property.

A marriage contract- is an agreement, signed between individuals while getting married and its dissolution defines property rights and status of spouses. The marriage contract is legalized in written form and attested by the Notary Office.

The Central Registration and Notary Department of the Justice Ministry said that 81,756 people got married in 2007 with only 16 marriage contracts, 79,000 marriages in 2006 with 33 contracts and 71,619 marriages in 2005 with 19 marriage contracts.

The Department believes that as this contract is new in the legislation it is not so popular among individuals, which is the main reason of people's ignoring this contract.

According to Asad Mirzaliyev, judge of the Supreme Court, during marriage individuals do not pay much attention to this contract or they do not know anything about this contract.

The judge said that a marriage contract plays an important role in solving of property conflict between individuals, and it can be signed either before or after the marriage. Although the contract is signed until the marriage day, it comes into effect only after the marriage. A legal regulation of property is determined in this contract.

"If the contract does not anything special, the property, acquired during the marriage, is considered common and divided equally between individuals. In the case of the presence of under-age child, the share can be increased. However, this contract can also cover other issues beforehand. For example, the contract can show that 1/3 part of the property will belong to husband and the rest to wife or vice-versa," Mirzaliyev said.

Mirzaliyev said that sometimes it is considered that signing the contract would arouse a doubt on marriage duration and therefore, contract is not signed because of mentality reasons. "However, divorce problems happen in the families, married on mutual consent and love," a judge said.

The absence of a marriage contract creates problems in defining alimonies and providing with housing while divorcing. The judge said that the women demanding payment of alimonies can not determine the state of their husband's property without the marriage contract. "Husband introduces document that he is not employed or he earns only AZN50. In this case, the court has to determine a reasonable amount of the payment. Women claim that though his husband is not employed, he owns shops, sales outlets and earns AZN2,000-AZN3,000 a month. However none of these establishments has been registered under defendant's name. The women can not prove that these establishments have been registered under defendant's name. At present, majority of these establishments are not registered under the names of their owners.

Owners of the property register it not under their name in order to evade payments. Therefore, the court has to bring in a verdict on the basis of evidence provided by the parties. If the marriage contract is signed while being aware of the status of the parties, no problems arise. The contract can indicate an agreement on payment of AZN200-AZN300 for each child after divorce, the judge said.

According to Mirzaliyev, majority of the civil suits are related to the liquidation or providing right to housing (Article 228 of Civil Code).

The Article 228 of the Civil Code stipulates that marriage contracts with the owners must be attested by notary.

According to the judge, in practice, not only contract attested by notary, but also simple written agreement must be signed between owners and family members. Usually, in the early stage of this kind of disagreements, the family members move to the housing with the consent of the owner. Family rows arise while the family relations between users of the housing and other members of the family end.

Mirzaliyev offers couples to sign a contract with the owner of the property while getting married.

According to the judge, the couples should decide themselves whether to sign a marriage contract with the owner of the property. "The couples may hesitate to sign it. No one will sign marriage contract if they are not informed of its advantages. I believe that if the couple is offered marriage contract while getting married they will agree to sign it," Mirzaliyev said.

According to the judge, if the owner has given a written consent to his daughter-in-law to live in his apartment, he can not force her out of the apartment later. "If there are reasonable grounds, the owner can demand to cancel her rights to the property by paying the appropriate compensation," he said.

Mirzaliyev added that it is inadmissible to force the couples to sign a marriage contract. The marriage contract is not compulsory. "If couples are forced to sign it, the contract is invalid," he said. Registry offices should me more active in informing couples of the marriage contract. "Those getting married should be explained advantages of the contract," Mirzaliyev said.

The correspondent can be contacted at- [email protected]

Armenia obligated under int'l law to provide mine maps to Azerbaijan - Matthew Bryza
Armenia obligated under int'l law to provide mine maps to Azerbaijan - Matthew Bryza
Another batch of munition left by Armenian soldiers found in Azerbaijan's Khojavand
Another batch of munition left by Armenian soldiers found in Azerbaijan's Khojavand
Azerbaijan commemorating 5th anniversary of April 2016 military success in Karabakh (UPDATE)
Azerbaijan commemorating 5th anniversary of April 2016 military success in Karabakh (UPDATE)
Loading Bars
Azerbaijan boosts gas exports via Baku-Tbilisi-Erzurum in 1Q2021
Azerbaijan records surplus in 1Q2021 state budget
Azerbaijan decreases oil exports via BTC
SOCAR increases gas output y-o-y
Uzbekistan to invest in viticulture dev't
Kazakhstan’s national postal service operator to buy consumables via tender
Uzbekistan continues ramping up flour, cereal exports
Mine explosion in Azerbaijan takes life of one more serviceman
Uzbekistan, Russia implementing numerous joint projects
Georgia reports 1,077 new cases of coronavirus for April 16
New Delhi a natural partner in shaping Indo-Pacific region: Australian PM Scott Morrison
Economist Intelligence Unit calculates 13 per cent growth for India, more than IMF prediction
Kazakhstan boosts exports to Russia over 2M2021
French Bouygues carries out construction of two new facilities in Turkmenistan
Azerbaijan's ADIF shares data on compensations paid to depositors of closed banks'
No point in discussing Nagorno-Karabakh problem in previous context - Russian expert
2021 to see over 3% increase in global gas demand
Georgia sees increase in hotel price index for March 2021
Kazakhstan unveils timeframe for large-scale crops sowing
Kazakhstan shares vehicle production data
Prices for precious metals up in Azerbaijan
Turkmenistan signs number of documents with international organizations
EBRD to invest in another project in Azerbaijan
National Bank of Georgia sells funds to stabilize lari exchange rate
Azerbaijan sees growth in retail turnover of ICT products from early 2021
IMF eyeing support to Kazakhstan's cybersecurity and risk management sectors
Iran - P5+1 on right track in Vienna talks - Deputy FM
Italian Senate delegation visits Azerbaijan's liberated Aghdam (PHOTO)
Islamic Solidarity Games-2021 may be postponed - Federation's Executive Committee
Azerbaijan’s pipeline gas deliveries set to increase by over 15%
1Q2021 volume of sold food products in Azerbaijan's trade network up
Denmark speeds up reopening as epidemic stabilises
Azerbaijan IT company monitoring performance of financial structures
Kazakhstan carrying out several projects to boost local cars manufacturing
Turkmen-Chinese partnership has potential in number of areas
European new car sales jump 87% year-on-year in March
Kazakh-German oil extracting JV opens tender for design documentation dev't
Azerbaijani oil prices disclosed
Azerbaijani gas among drivers of Eurasian output growth in Q1 2021
None of Armenian PM's statements worth meaningful comment - Azerbaijani MFA
Axpo plans to produce green hydrogen
Oil climbs to four-week high on strong China data, demand revival
Azerbaijani insurer reports profit growth year-on-year
Kazakhstan's trade structure with EAEU countries for 2M2021 unveiled
Azerbaijani currency rates for Apr.16
Azerbaijan shares footage from Aghdam's Baghbanlar village (VIDEO)
Azerbaijan records high demand for underwriting services in local capital market
Coca-Cola Amatil votes in favour of European bottler's $7.68 bln takeover deal
Share of Azerbaijani gas in Greece’s imports reach 18%
Armenia violating int'l legal principles by refusing to give up minefield maps - Chair of Azerbaijani Parliament
SOCAR announces time of starting gas injection into storages
Rostselmash talks plans on supply of agricultural machinery to Azerbaijan
Azerbaijan enhancing support to SMEs (PHOTO)
Co-op between Azerbaijan, Uzbekistan progresses in all areas - Chair of Azerbaijani Parliament (PHOTO)
Thailand reports record daily number of 1,582 coronavirus cases
Mine clearing operations continue in Azerbaijan's liberated Aghdam
COVID-19 negatively affects mobile segment in Georgia
Georgian mobile operator Silknet’s revenue to increase in 2021 - Galt & Taggart
Major Bulgarian imports from Georgia include copper ores and crude petroleum oils
Azerbaijan developing plan for sustainable business
Georgia implements significant reforms within IMF's Extended Fund Facility program
Japan's March exports grew at fastest pace in more than 3 years
Amazon needs to do better for employees - Bezos
Turkmenistan, Kazakhstan have potential for co-op in maritime transportation
Turkey's central bank holds key policy rate steady at 19%
2,656 new daily COVID-19 cases reported in Kazakhstan
Iran buys 60 million doses Sputnik V COVID-19 vaccine
Eurowings kicks off Dusseldorf-Tbilisi-Dusseldorf flights
Apple announces 200 mln USD fund in forestry projects to reduce carbon from atmosphere
U.S. replaces Britain to be largest source of Ireland's imported goods
Azerbaijan's AzerGold to fund creating test laboratory in Dashkasan
Daimler AG unveiled the electric Mercedes-Benz S-Class luxury sedan (PHOTO)
Canadian lawmakers call for action from U.S., Canadian leaders in pipeline dispute
Economic outlook is brightening - Fed's Mester
Antibiotics in development not enough to tackle 'superbugs' - WHO
China’s Geely targets slice of premium electric car market with ‘startup’ brand Zeekr
Kazakhstan to create concept for development of creative industries
Italy hikes 2021 budget deficit to 11.8% of GDP: source
Turkey registers more than 61 000 new coronavirus cases
IMF corrects estimate on Iran's foreign exchange bank reserves
Kazakhs Association founded in Japan
Turkey provided invaluable support to Azerbaijan in information war with Armenia - MP
Georgian Co-Investment Fund eyes to implements another energy project
Baku Metro opens tender to buy metal structures
Volume of lending to construction sector greatly increases in Azerbaijan
Net profit of Azerbaijani ASB Bank in 1Q2021 decreases
Azerbaijan eyes starting fish caviar export to Hong Kong in 2021
Aggregate capital of Azerbaijani ASB Bank grows
Georgia's Silknet maintains strong cash balance in 2020
Armenia confuses history with mythology again - Azerbaijani Foreign Ministry
Azerbaijani president congratulates president of Djibouti
Turkey leads among countries investing in Azerbaijan's non-oil sector (PHOTO)
Museums like War Trophy Park in Baku, open in many countries - Russian historian
Russia ready to assist in normalization of relations between Azerbaijan, Armenia
Azerbaijan has great opportunities for wind energy dev't - expert
Azerbaijani Foreign Ministry responds to statement of OSCE MG co-chairs
National Bank of Georgia sees decrease in international reserves
Various types of fabrics exported to Turkmenistan from EAEU countries
Kazakhstan's KMG Engineering to buy pump-compressors via tender
1Q2021 assets of Azerbaijan Industry Bank slightly down
All news