Today, the statistics on the dissolution of marriage does not give causes for joy, since every year the number of divorces increases in the Republic of Armenia. Many people are not familiar with the divorce procedure and its features. In the beginning, it can simply lead to panic. It may seem that this procedure is very complicated and has a lot of nuances, but in fact, carrying out a divorce does not pose great difficulties, if the spouses do not have intricate disputes relating to children, the division of property and so on. Here we will consider the procedure of divorce in the Republic of Armenia through the State bodies of registry office and the courts.

The procedure for divorce in the registry office in the Republic of Armenia:

In accordance with Article 14 of the Family Code of the RA, a divorce is carried out either at the civil registry (REGISTRAR’S OFFICE), or through the courts.

Marriage between spouses is annulled by the registrar:

• If there is mutual consent of the spouses;
• If one of the spouses is declared missing by the court;
• If one of the spouses has been declared incapacitated;
• If one of the spouses was sentenced to imprisonment for a term not less than three years.

Divorce registration authority carries out this service at the place of residence of the spouses (one of them) or at the state organ registry office and/or where the marriage was registered. Spouses shall jointly submit an application specifying in it all the necessary information such as:

• Name, surname of the spouses;
• The place and date of their birth;
• Information on the marriage record;
• Nationality of the spouses;
• Evidence of identity documents;
• The names that will be selected by each of the spouses after the divorce

The application has to be signed by both spouses showing the date of application to the registrar, and to the state organ. If one of the spouses is unable to appear in person at the registrar for filing a joint application (for example, if he/she is abroad), the individual application for divorce may be filed. In this case, one must make a statement assure it by notary stamp at the notary office, legalize it (depending on the country) and send to the RA for its submission to the registry office and authority. In the Republic of Armenia, the application must be translated from a foreign language into the Armenian language and also verified by a notary office. Only after this it can be presented to the registrar and/or the state organ.

In the Republic of Armenia, a divorce through the registrar agencies is issued at the end of one month period from the date of submission of a joint application or a second application (if spouses are applying separately), but not later than three months.

In a divorce statement one must indicate whether the spouse is untraceable, physically or mentally incapable, or is deprived of liberty for a term of not less than three years and must include:

• Name and surname, nationality, place and time of birth, nationality and place of residence of the spouse who wants a divorce;
• Surname, which he/she wishes to take after the dissolution of the marriage, as well as the data of the documents proving his identity;
• Name, surname, place and time of birth, place of last known residence of the missing or incapacitated;
• Information about the place of residence of the trust property with an escape untraceable missing or disabled, or the location of the penitentiary institution where the inmate husband serving his sentence;

A written copy of an enforceable court decision on the recognition of a spouse as missing, or physically and/or mentally incompetent, or a court judgment, according to which the spouse is imprisoned for a term not less than three years, must be attached to the divorce application.

The application can be submitted by either of the spouses and/or his/her agent. Marriage is terminated immediately upon the state registration of dissolution of marriage in the registry office of the RA, and as a result, a certificate of divorce is issued.

Divorce in courts:

The law establishes certain cases in which the divorce should occur in court. Among them we would like to mention:

• When the consent of one of the spouses on divorce, is withheld;
• One of the spouses, despite the absence of objections, evades the dissolution of the marriage in a registry office, and the authorities;
• Both spouses desire by mutual consent to divorce in courts.

It is important to note that in the case of consideration of divorce at the request of one of the spouses, the court has the discretion to grant the couple a three month period for conciliation or mediation, by pre-clarifying its essence and order. However, if one partner insists on a divorce, then the above mentioned period of reconciliation is not established and the court dissolves the marriage.

Disputes relating to a joint division of property of the spouses, the provision of funds for the maintenance of a disabled spouse and/or jobless spouse, or disputes between spouses relating to children are considered by the courts, irrespective of the dissolution of marriage in civil registry offices.

In the absence of the consent the courts of RA must decide:

• With which parent the children will live after the divorce;
• Which parent is liable for child support and establishing the sum of the said support;
• Conduct a general division of property of the spouses at the request of one of them;
• Determine the amount of funds that are subject to recovery in favor of the other spouse.

The dissolution of the marriage in the registry office shall be deemed terminated from the moment of its state registration, while in the courts the marriage shall be deemed terminated from the moment the court decision comes into force. State registration of divorce takes place on the day of receipt of the court decision to the registrar and/or the state organ. The court within three days after the decision sends an extract of the decision to the registrar and to the body, which registers the fact of annulment of the marriage. This body issues a certificate of divorce. Please note, if you are divorced in the past and want to remarry, then this would be impossible in the absence of a certificate of divorce.

This information may be very useful to you, however sometimes it is impossible to consider all the issues that arise in practice, and divorce is not exactly smooth, it can cause divorcing spouses, their children and other members of their families a great inconvenience. For this reason, we advise you to consult a specialist in family law of the RA. ‘Vardan Khechyan LLC’ provides legal advice, representation and legal support to the sides of the divorce process in the Republic of Armenia. Our legal advisors have extensive experience in dealing with such complicated and emotive processes and will use it to protect your interests.

08.12.2015