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Marriage contract not to applied on compulsory basis in Azerbaijan

Business Materials 8 June 2010 17:59 (UTC +04:00)

Azerbaijan, Baku, June 8 / Trend U.Ismayilova /

Entering into a marriage contract would not be compulsory in Azerbaijan, Azerbaijani Health Ministry's   Medical Services Organization Department Head Elmira Aliyeva said.

"The ministry has developed amendments to the Family Code, according to which the marriage contract is only recommendatory in nature," Aliyeva said.

Azerbaijan enters the European Convention on Human Rights, under which the ministry also has no right to force someone to undergo appropriate laboratory tests, Aliyeva said.

She said early marriage widely spread in Azerbaijan and children with certain diseases are born as a result of such marriages. The main purpose of the medical examination is to identify possible diseases that can affect the health of a baby to be born.

"Early treatment of possible diseases among young people will also contribute to guarantees of a healthy gene pool of Azerbaijan in the future," Aliyeva said.

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.

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