Divorce and questions of inheritance law when divorcing
Divorce in the Republic of Armenia requires a coordinated decision by both spouses on the termination of family relations. The formal termination of these relationships is granted by the court, or institution for registration of civil status acts of the Republic of Armenia. Divorce can only proceed with the consent of the spouses. The application on divorce should be submitted to the state agency for the registration of civil status acts together. If one of the spouses could not attend for valid reasons, then he/she has the right to separately submit a statement certified by a notary office.
Divorce by The State Agency for the registration of civil status of the Republic of Armenia is a common procedure for the dissolution of marriage. Marriage can also be dissolved by a court.
In the Republic of Armenia, the marriage is dissolved by the court if the spouses have agreed to divorce, yet between them there is a legal dispute arising from the relationship to the division of property, child support and the custody of the child. Marriage may also be terminated in court if spouses do not come to a mutual agreement on the issue of divorce, IE: if one spouse requires a divorce, and the other refuses to grant. In such cases, the judicial practice of the Republic of Armenia shows that the court first gives the parties time for reconciliation. During the divorce, the legislation of the Republic of Armenia requires the payment of the State duty. Only cases on alimony are not subject to state duties.
Inheritance is a transition of property, such as right to private property and the right to savings that are in credit institutions, according to law. This includes inheriting some moral rights and duties of the deceased citizen, to one or more persons.
The legislation provides for two types of devolution of property in the Republic of Armenia, under the law and under the will. Under the will succession in the Republic of Armenia has priority over the inheriting under the law, except when the deceased has incapacitated relatives first. In this case, incapacitated family members receive half of what was owed to them should there have been no will. In addition to property rights, inheritance and transfer one also inherits the liabilities of the deceased.
Thus, the inheritance may include:
- The property rights;
- The property obligations;
- Sums in cash;
- Other property.
The rights and duties that are related purely to the person of the deceased are not inherited. For example, damage compensations, alimony payments of the deceased and so on.
The Republic of Armenia law provides for the right to refuse and/or to give up the inheritance. In case of refusal by the heir, the hair will have no right to demand anything in the future. Moreover, the RA legislation does not allow to give or to receive a part of the inheritance. The inheritance is made in the notary office of the appropriate area. The statement of acceptance of inheritance must be filed by benefactors within six months from the date of death.
Our legal experts have for a number of years, been active in the field of family and inheritance law. Should you need to get a divorce in the Republic of Armenia in court, or out of court, to resolve property issues arising from divorce, to initiate a procedure for termination of parental rights, as well as, to issue, or accept an inheritance, to perform all necessary actions by the notary in Yerevan and the rest of the Republic of Armenia, to issue an inheritance without a visit to the Republic of Armenia, please drop in or call us. We will do everything in our power in order to effectively implement and protect your family and your inheritance.