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Marriage and Divorce in Armenia

               MARRIAGE REGISTRATION IN ARMENIA

In what order marriage registration in Armenia ?

For a marriage the mutual consent of the man and the woman and achievement of age of consent by them is obligatory.

      It is forbidden to get married:
      a)  Between the persons one of which is in the order established by the law in other marriage.
      b)  Between relatives (parents and children;  grandfather, grandmother and grandsons;  and also native both stepbrothers and sisters;  cousins and sisters).
      c)  Between adoptive parents and adopted.
      d)  Between the persons one of which is recognized by court incapacitated.

The state registration of marriage is carried out at obligatory presence  persons. Marriage registration in the correspondence order, that is by proxy or through the representative is forbidden.

What body carries out the state registration of marriage in Armenia?

The state registration of marriage carries out:
•  territorial body of the REGISTRY OFFICE in a place of the accounting of one of (in the presence of the corresponding reference from a residence) or
• solemn registration chamber of wedding and the birth, being in structure of the Ministry of Justice of RA.
Registration of marriage of citizens without a constant residence is carried out by body of the REGISTRY OFFICE of a temporary residence бракосочетающегося.  In this case the citizen has to submit the reference from the temporary residence, given out by competent authority.

If the statement for wedding is shown to the military personnel respectively on the duty station, a residence of the serviceman is the location of the relevant military unit or a place of distribution of the organization. From the serviceman the reference from a place of military service is shown.

What documents are shown for the state registration of marriage? 

For the state registration of marriage it is necessary:
•  the joint statement of both persons .
If one of them can't be in body of the REGISTRY OFFICE for presentation of the joint statement, the statement signed by this person can be shown in territorial body of the REGISTRY OFFICE to another.  In this case the signature of the absent person in the joint statement has to be certified of a notarial order or the RA consular organizations being in the territory of the foreign state, or from other persons, competent of implementation of notarial actions.

•  identification papers of persons.

•  documents on cancellation of the previous marriage if the person in the past was in marriage (for example, the certificate on divorce, the certificate on death or the judgment which has entered legal force on recognition of marriage invalid, the judgment which has entered legal force of the foreign state about divorce.

 How the surname of spouses is defined at marriage registration?

At the state registration of marriage in the registration act the surname of spouses is filled at will (the general surname or preservation of a premarital surname).

If spouses chose the general surname, it can be filled with a surname of one of spouses or such surname which contains simultaneous surnames and the husband, and wives. The general surname can't contain more than two surnames and registers through a hyphen (for example: the husband - Pogosyan, the wife - Asatryan, the general surname the husband - Pogosyan-Asatryan, the wife - Pogosyan-Asatryan). If one of spouses already has a double surname, the body of the REGISTRY OFFICE refuses to spouses a request.

What legal consequences are caused by the state registration of marriage?

The marriage registered by body of the REGISTRY OFFICE admits RA only.  The actual cohabitation, marriage in a church order don't cause for spouses of those legal consequences who are provided for spouses in case of registration by RA legislation.

The property acquired by spouses in the course of joint life, - their general property if anything other isn't provided by the law or the contract signed between them.

In Armenia marriage of foreign citizens, the persons which don't have nationality, citizens of RA which are constantly living in the foreign state among themselves or with citizens of Armenia (below - marriage with participation of the foreigner).
In what order and what body the state registration of marriage in Armenia, with participation of the foreigner is carried out? 
Foreign citizens in RA; the persons which don't have nationality; being on a constant residence in the foreign state citizens of RA register marriage among themselves or citizens of RA in territorial body of the REGISTRY OFFICE on the basis of permission of agency of the REGISTRY OFFICE at RA Ministry of Justice.

What documents are submitted for the state registration of marriage with participation of the foreigner?

For the state registration of marriage the following documents are submitted to REGISTRY OFFICE agency at the Ministry of Justice of RA:

•  The joint written statement  persons .

• The certificate of lack of the marriage, given out by foreign legal bodies with an apostille founded by the Hague Convention of 1961 <about the announcement invalid of requirement legitimation foreign official documents >, notarized Armenian transfer (if the state isn't the member of the Convention, documents поделжат to consular assurance, and in case of the certain countries provided by international treaties of RA, any confirmation it isn't required)

•  the document confirming cancellation of the previous marriage if the person in the past was in the marriage, assured by an apostille (if the state isn't the member of the Hague Convention of 1961 <about the announcement invalid requirements of  legitimation foreign official documents>, documents ought to consular assurance), notarized Armenian transfer (for example:  the certificate on death, judgment on divorce, the certificate (reference) on divorce, etc.)

• the copy of the passport confirmed with notarial transfer of RA.

In what terms the state registration of marriage with participation of the foreigner is carried out?

Permission of agency of the REGISTRY OFFICE at the Ministry of Justice of RA is given in 10-dnevny term then the subsequent registration in a territorial REGISTRY OFFICE is carried out in established for registration of marriage of citizens of RA an order.  If couple wishes to register marriage in Yerevan, earlier established 10-day term, besides the state tax is obliged to pay the additional off-budget amount determined by the government decision.

The person is exempted from payment of noted off-budget sum in the presence of the same good reasons which are provided for marriage registration before an established period between citizens of RA.

In case of desire of registration of marriage of earlier established 10-day term between foreign citizens, the persons which don't have nationality, citizens to RA being on a constant residence in the foreign state or the above RA with citizens, besides the state tax the additional off-budget amount determined by the government decision in the following sizes is paid: 
•  for registration within 2 working days – 150.000 AMD
•  for registration within 5 working days – 120.000 AMD
• for registration within 7 working days – 90.000 AMD

                 DIVORCE REGISTRATION IN ARMENIA
In what order divorce and its state registration in Armenia is carried out?

If between spouses there is a mutually consent concerning divorce, divorce is made in REGISTRY OFFICE body.
 In  REGISTRY OFFICE body divorce can be registered on the basis of the statement of one of spouses, other spouse:

 1   it is recognized as court it is unknown the absent
 2   it is recognized as court incapacitated
 3   it is condemned to imprisonment, for not less than three years.

In above-mentioned cases marriage stops from the moment of the state registration of divorce in REGISTRY OFFICE body.

For registration of divorce of the spouse present to REGISTRY OFFICE body the joint statement. If one of spouses has no opportunity personally to be in body of the REGISTRY OFFICE for submission of the joint statement, expression of will of spouses has to be issued in the form of separate announcements of divorce. The signature of the spouse in the similar announcement has to be certified of a notarial order or other person, authoized performed by notarial actions.

Before registration of divorce of the spouse have at any time the right to refuse the statement for divorce.

The spouse has no right, without a consent of the wife, to submit the statement for divorce during her pregnancy.
       Divorce is made only in a judicial order, if:
1) there is no consent about divorce of one of spouses
2) one of spouses, despite the absence of remarks, deviates implementation of the state registration of divorce in the REGISTRY OFFICE
3) spouses, according to their joint statement, wish to dissolve a marriage in a judicial order.

At divorce in a judicial order marriage is considered terminated from the moment of the introduction in validity of a judgment.

Divorce is subject to the state registration both in case of divorce in a judicial order, and at divorce in REGISTRY OFFICE body.

On the basis of the judgment which have entered validity about divorce in REGISTRY OFFICE body registration of divorce can be made as according to the statement both, and one of spouses.

Registration of divorce is made irrespective of the term which has passed since the introduction in validity of a judgment about divorce. At divorce registration on the basis of the judgment which have entered validity about divorce divorce registration by proxy or by means of the representative is allowed.

What body carries out the state registration of divorce?

The state registration of divorce is carried out by one of the following bodies of the REGISTRY OFFICE:
• in a place of cohabitation of spouses
• in the place of residence of one of spouses
•  REGISTRY OFFICE body in a place of the state registration of marriage

Registration of divorce of citizens without a constant residence is carried out by REGISTRY OFFICE body in a place of its temporary residence. In this case the citizen has to submit the reference from the temporary place of residence, given out by competent authorities.

What documents are submitted for the state registration of divorce in Armenia?

 For the state registration of divorce are represented:
       1 . the document proving the identity
       2 . the marriage certficate (in the presence of that)
      3 . the joint statement of spouses, for divorce execution in REGISTRY OFFICE body in the presence of a mutual consent between spouses
     4 . the statement of one of spouses if the second is recognized by court isn't known absent, or incapacitated, or is condemned on the conclusion by term not less than three years
       5 . the statement of the spouse and the judgment which has entered into validity, in case of divorce in a judicial order.

    In what terms the state registration of divorce in Armenia is made?

Registration divorce and granting to each of spouses of the certificate on divorce is made from the date of filing of application about divorce in REGISTRY OFFICE body in a month, but no more, than in three months.

In case of divorce in a judicial order registration of divorce is made after the introduction in validity of a judgment, in day of filing of application in REGISTRY OFFICE body.

What legal consequences are caused by the state registration of marriage in Armenia?

The state registration of divorce between spouses all obligations connected with the matrimonial relations stop. The spouse who has changed a surname at the state registration of marriage, the having the right ambassador of divorce to keep this surname or to receive the premarital surname.

For more detailed information please send an e-mail to info@jurist.am They are always ready to help you.

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