Which body does the divorce?
The divorce can be done in two bodies:
1. In court. If the spouses have minor children in common or if one of the spouses does not agree to the divorce.
2. In registry office. If the spouses do not have common minor children and if both of them agree to the divorce. Regardless of having minor children, the divorce can be done at the registry office upon application filed by one of the spouses if another spouse is:
a) considered missing by court decision;
b) considered legally incapable;
c) sentenced to at least 3 years of imprisonment for a crime.
3. Consulate. On the same grounds as in registry office, in case the spouses are abroad.
How long does the divorce process take?
The duration depends on several factors.
In case the marriage is dissolved in registry office, the divorce can be done no earlier than 1 month from the date of submission of the application.
If one of the parties does not agree to the divorce, the court may adjourn the case by setting a period of 3 months for the couple to reconcile. In the absence of reconciliation or when they (one of them) insist on the divorce, the marriage is dissolved by court.
The marriage is officially considered terminated as of the date of the state registration of the divorce (in case it is dissolved in the registry office) or as of the date of entry into force of the court decision (in case of court).
What documents shall be submitted?
Application of spouse(s), applicant(s) ID copy, receipt for payment of state duty (shall be paid online only, marriage certificate, birth certificates of minor children, when relevant documents on person’s:
a) being missing by court decision;
b) being legally incapable;
c) being sentenced to at least 3 years of imprisonment for a crime.
Is there any fee for divorce?
State fee for the registration of divorce is 15 AZN and fee for the divorce claim to the court is 20 AZN. But when the property is divided during the marriage the state fee will be 40 AZN. The fee is paid online only via www.exidmet.justice.gov.az
What are the restrictions for the right to divorce?
During the wife’s pregnancy or within 1 year after the birth of the child, the husband may not file for divorce without the consent of the wife.
How is the property divided during the divorce?
Although divorce and division of property are performed separately, in some cases the parties may file a counterclaim for division of property in addition to divorce. Court can only divide the common property of the spouses.
What is the ‘common property’?
This is the property acquired by the spouses during the marriage.
Note: the property of each of the spouses can be considered their common property if during the marriage the common property of the husband and wife or the personal property of the husband (wife) is invested in the funds that significantly increase the value of that property (overhaul, reconstruction, new equipment, etc.) to be determined. This rule does not apply if the marriage contract or the agreement between the spouses provides for a separate rule.
What is not a ‘common property’?
The following does not fall under ‘common property’:
a) The property belonging to each of the spouses before the marriage, as well as the property received by one of them as a gift or inheritance during the marriage;
b) Property in private use (clothes, shoes, etc.) is the property of the wife (husband) who used it, even if it was acquired at the expense of the husband and wife during the marriage (except for jewels and other ornaments).
How is the alimony for children calculated?
The alimony is determined by calculating the salaries and/or other incomes, both in national and foreign currency.
• For 1 child — a quarter of earnings;
• For 2 children — one third of earnings;
• For 3 or more children — half of earnings.
However, these amounts may be reduced or increased by the court, taking into account the family and financial situation of the parties, as well as other circumstances.