Azerbaijan, Baku, Sept. 2 / Trend , K.Zarbaliyeva/
A group of Azerbaijani MPs have made a proposal on forced marriage contracts.
The Azerbaijani Family Code does include marriage contracts, but they are not compulsory. The MPs who are for making marriage contracts mandatory believe that otherwise, this article of the code is not efficient.
Many experts argue that a general mentality prevents the spread of the practice of signing marriage contracts.
For six months of 2008, marriage contracts were made in only 13 of 33,400 marriages, the Justice Ministry's Central Registration and Notary Department reported. In 2007, marriage contracts were signed in only 16 of 81,756 marriages, in 2006 it was 33 of 79,000 and in 2005 only 19 of 71,619 marriages.
The marriage contract is an agreement between couples getting married and defines the spouses' property rights and obligations during marriage or upon divorce. The marriage contract is prepared in writing and approved by attorneys.
A marriage contract defines the rights and responsibilities for both parties' mutual maintenance, the sharing of household expenditure and each other's income and it determines the rights for the division of property between the parties in a divorce settlement.
Marriage contracts apply to spouses' existing and future properties. The contract can be signed before or after the marriage; it enters into force when the parties enter into marriage. The contract defines the legal organization of the property.
It is unacceptable to make marriage contracts by force, Judge of the Supreme Court, Asad Mirzaliyev, told Trend . He said the law gives a person the freedom to choose the contract. "If it was revealed that the case involved coercion, then the contract would be deemed invalid," said the judge.
Lawyer Gurban Mammadov spoke in favor of a mandatory marriage contract. If it is in society's interests, freedom to choose it can be limited, Mammadov said.
"The interests of hundreds of disadvantaged women and children require forced marriage contracts," said the lawyer.
Despite the relative increase in marriage contracts, the practice is not widespread, the Justice Ministry's Central Registration and Notary Department reported. The department connects the reason to a general mentality. An employee of the Justice Ministry sees the way out of the situation not in coercion, but in promotion of the marriage contract.
Lawyer Leyla Madatova is also opposed to forced marriage contracts. She said that coercion violates the principle of freedom of contract. Signing marriage contracts won't solve the problem, says the lawyer.
"Our legislation has enough articles defending the interests of both husband and wife. Marriage contracts are very important in protecting individuals, but people are just not interested in dividing the property. People with low-incomes do not need to sign marriage contracts," said Madatova.
Forced marriage contracts are not practiced in the world, Madatov said, adding that the problems of divorced and homeless women must be addressed in a broader context. "A lot could be achieved by providing women with apartments, education and employment. It is impossible to solve women's problems by forcing their husbands to sign marriage contracts. Contracts will not solve homeless women's problems," said the lawyer.
According to statistics, the large number of property conflicts dealt with in court is the result of family conflicts and the characters of the property in question. Signing marriage contracts would lead to a reduction of cases such as these.
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