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Civil Acts Registration

What is the procedure for state registration of a marriage
between the citizens of the Republic of Armenia?

Voluntary mutual consent of the man and the woman getting married, and their attainment of the age required for concluding a marriage.

Marriage is prohibited between:

(a)    persons, at least one of which is in another marriage registered as prescribed by law;

(b)    close relatives (relatives in the direct ascending and descending line, i.e. parents and children, grandfather, grandmother and grandchildren, as well as full and half siblings, maternal, paternal cousins);

(c)    adopters and adoptees;

(d)    persons, at least one of whom the court has recognised as incapacitated.

State registration of a marriage is carried out in the mandatory presence of the persons entering into marriage.

Registration of a marriage through a letter of attorney or a representative, i.e. durante absentia, is prohibited.

If the persons entering into a marriage (either of the persons entering into a marriage) is not able to appear to the body of the civil status acts registration due to a serious disease or other valid reasons envisaged by the legislation of the Republic of Armenia, the state registration of marriage may be carried out at home, in a medical or other institution in the presence of the persons entering into a marriage.

The state registration of marriage outside the workplace of the body of the civil status acts registration is carried out only in the following cases:

(1)    the persons entering into a marriage (either of the persons entering into a marriage) is not able to appear to the body of the civil status acts registration due to a serious disease or other valid reasons envisaged by the legislation of the Republic of Armenia.

In this case, the necessity for carrying out the state registration of marriage at home, in a medical or other institution is stated in the application or in the separate statement of the persons entering into a marriage, attaching the relevant medical document certifying the existence of a serious disease or the document certifying other valid reasons envisaged by the legislation of the Republic of Armenia, to the application or statement. The application is submitted to the body of the civil status acts registration at least 5 days prior to the date of state registration of the marriage;

(2)    the persons entering into a marriage (either of the persons) are detained or serve a punishment in the places of imprisonment.

A person in detention or serving a punishment in the places of imprisonment also attaches the consent to carry out the state registration of the marriage at the relevant place, given by the head of the detention facilities or that of the places of imprisonment, to the statement on marriage;

(3)    where persons entering into a marriage so wish, in case of paying the relevant sum prescribed by legislation.

In this case persons entering into a marriage, personally or through a person authorised in the prescribed manner, at least 5 days prior to the date of state registration of the marriage, submit to the body of the civil status acts registration an application for solemnly carrying out state registration of the marriage in the relevant place. If the application is submitted to the Chamber of Marriage of Registration of the Civil Status Acts of the Civil Status Acts Registration Agency of the Staff of the Ministry of Justice of the Republic of Armenia, then the receipt certifying the payment of the state duty for registration of marriage outside of the workplace of the body of the civil status acts registration (AMD 10 000) and the sum envisaged by the legislation of the Republic of Armenia being paid to the extra-budgetary account of the Ministry of Justice of the Republic of Armenia (AMD 50 000) is attached to the application. If the application is submitted to another territorial body of the civil status acts registration, then the receipt certifying the payment of the state duty and the sum prescribed by the Council of Elders of the given community (if such a sum is envisaged) made to the budget of the community is attached to the application.

To carry out the state registration of the marriage outside of the workplace of the body of the civil status acts registration, the transportation of an employee of the body of the civil status acts registration from the workplace of the body of the civil status acts registration to the relevant place of the state registration of a marriage and backwards is ensured by the persons entering into a marriage.

 

Which body carries out state registration of a marriage?

State registration of a marriage is carried out by:

•    the territorial body of the civil status acts registration of the place of registration of one of the persons entering into a marriage (in case of availability of a relevant reference of the place of residence);

•    the Chamber of Solemn Registration of Marriage and Birth within the system of the Ministry of Justice of the Republic of Armenia (address: Otyan Street, 53a bld., 1st floor, Malatia-Sebastia administrative district, Yerevan, Tel.: +374-10-742233).

The registration of a marriage of the citizens residing without a permanent registration is carried out by the body of the civil status acts registration in the place of temporary residence of a citizen entering into a marriage. In that case, the citizen needs to submit a reference from the place of temporary residence issued by competent authorities.

If the application for marriage is filed by a military serviceman wishing to marry, as per the place of service, then the allocation of the relevant military unit or the institution is considered as the place of residence of the military serviceman. Military servicemen submit a reference from the place of military service.

 

What documents are required for state registration of a marriage?

The following is required for state registration of a marriage:

1.   joint written application of the persons entering into a marriage (the sample form may be obtained from the website of the Ministry of Justice of the Republic of Armenia at www.moj.am or from the body of the civil status acts registration).

If one of the persons entering into a marriage is not able to appear to the body of the civil status acts registration to file a joint application, then the application signed by the person entering into a marriage may be submitted to the territorial body of the civil status acts registration by one of the persons entering into a marriage. In that case, the signature of the absent person must be certified in the joint application by a notary public, or by consular authorities of the Republic of Armenia located in a foreign state, or by another person competent to perform the functions of a notary public;

2.   identification documents of the persons entering into a marriage;

3.   document on termination of the previous marriage, if the person has been previously married (for example, divorce certificate, death certificate of a spouse or court’s civil judgment on declaring the marriage as invalid having entered into legal force, civil judgment on divorce made by a court in a foreign state having entered into legal force, etc.).

 

 

What is the time limit for state registration of a marriage?

State registration of a marriage is carried out after 10 days following the day of filing a joint application to the territorial body of the civil status acts registration. A later period for state registration of a marriage may be specified in the joint application of the persons entering into marriage, but not later than three months following the day of filing an application.

If those wishing to marry are not able to appear to the body of the civil status acts registration for valid reasons on the day they have decided, then the period of registration of the marriage is changed upon their request. A note about that is made on the application for marriage.

Where the applicants fail to appear to the body of the civil status acts registration within a period of three months following the day of filing the application for marriage, the application is deemed as invalid.

Based on the joint application of the persons entering into marriage, the 10-day period of the state registration of a marriage may be shortened in case of the following valid reasons:

(1)    existence of a child (children) in common of the persons entering into a marriage;

(2)    pregnancy of a woman entering into a marriage (of 12 weeks at least);

(3)    conscription of a person to a fixed-term military service entering into a marriage;

(4)    a person entering into a marriage being at a fixed-term military service, or serving in the Armed Forces of the Republic of Armenia;

(5)    in case of a long-lasting departure (absence) of those entering into a marriage or one of them from the territory of the Republic of Armenia;

(6)    a serious disease of a person entering into a marriage.

The valid reasons must be attested by relevant documents (for example, a medical reference regarding the pregnancy of a woman, a birth certificate of a child and certificate of establishment of paternity, a reference from the place of military service, a document attesting the departure from the territory of the Republic of Armenia, etc.)

 

How is the surname of the spouses determined
during registration of a marriage?

During the state registration of a marriage, the surname of the spouses is filled in the register of an act of marriage at their will (a joint surname or keeping a premarital surname).

If the spouses have chosen a joint surname, then it may be filled in with a surname of one of the spouses or with such a surname which contains the surnames of both the wife and the husband. The joint surname may not contain more than two surnames and is hyphenated in written (for example, a husband — Poghosyan, a wife — Asatryan, a joint surname: a husband —Poghosyan-Asatryan, a wife — Poghosyan-Asatryan). If one of the persons entering into a marriage already has a double surname, then the body of the civil status acts registration rejects the request of the spouses.

 

What are the legal consequences of state registration of a marriage?

Only the marriage registered in the body of the civil status acts registration is recognised in the Republic of Armenia. The actual co-habitation, the marriage in church order do not lead to legal consequences that are envisaged for spouses in case of a marriage registered under the legislation of the Republic of Armenia.

The property acquired by spouses in the course of marriage is their joint ownership, unless otherwise prescribed by law or by a contract concluded between them.

 

What is the rate of the state duty?

A state duty in the amount of AMD 1 000 is charged for registration of a marriage. A state duty in the amount of AMD 10 000 and an extra-budgetary payment in the following amount are charged for the state registration of a marriage outside of the workplace of the body of the civil status acts registration:

In case of registration of a marriage by the Chamber of Marriage of Registration of Civil Status Acts of the Civil Status Acts Registration Agency of the Staff of the Ministry of Justice of the Republic of Armenia – AMD 50 000;

-in case of registration of a marriage by another territorial body of the civil status acts registration – in the amount set by the Council of Elders of the relevant community (if such an amount is envisaged).

 

What is the procedure for state registration of a marriage with the participation of a foreigner and which body carries it out?

The marriage of the foreign citizens, stateless persons in the Republic of Armenia, the citizens of the Republic of Armenia permanently residing in a foreign state with each other or with the citizens of the Republic of Armenia is registered in the territorial body of the civil status acts registration upon permission from the Head of the Civil Status Acts Registration Agency of the Ministry of Justice of the Republic of Armenia.

 

 

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

The following documents are submitted to the Civil Status Acts Registration Agency of the Ministry of Justice of the Republic of Armenia for state registration of a marriage:

1.   joint application of the persons entering into a marriage (the sample form may be obtained from the website of the Ministry of Justice of the Republic of Armenia at www.moj.am or from the body of the Civil Status Acts Registration);

2.   reference on not being married- by foreign competent authorities, with an apostille attestation (“APOSTILLE”) stipulated pursuant to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents and with a notary attested translation into Armenian (if the state is not a party to the Convention, then the documents are subject to consular certification, and in case of separate countries prescribed by international treaties of the Republic of Armenia no attestation is required).

3.   document attesting termination of the previous marriage, if the person has been previously married-with an apostille attestation of validity of signatures (if the state is not a party to the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, then the documents are subject to consular certification), with a notary attested translation into Armenian (for example, death certificate, civil judgment on divorce, divorce certificate (reference), etc.);

4.   copy of a passport — with a translation attested under notarial procedures of the Republic of Armenia.

 

 

What is the time limit for state registration of a marriage with the participation of a foreigner?

Permission of the head of the Civil Status Acts Registration Agency of the Ministry of Justice of the Republic of Armenia is issued within a 10-day period, after which further registration of the marriage in the territorial place of the Civil Status Acts Registration Agency is carried out in the manner prescribed for registration of marriage of citizens of the Republic of Armenia.

If the couple entering into a marriage wishes to register the marriage prior to the defined 10-day period, then it is obliged to pay the additional extra-budgetary sum prescribed by the Decision of the Government, in addition to the state duty.

A person is exempted from payment of the mentioned extra-budgetary sums, in case of the same valid reasons prescribed for registering marriage between citizens of the Republic of Armenia prior to the period specified by law.

 

What is the rate of the state duty?

A state duty in the amount of AMD 1 000 is charged for registration of a marriage with participation of a foreigner.

In case of a wish to register the marriage of the foreign citizens, stateless persons in the Republic of Armenia, the citizens of the Republic of Armenia permanently residing in a foreign state with each other or with the citizens of the Republic of Armenia prior to the prescribed 10-day period, the additional extra-budgetary sum prescribed by the Decision of the Government at the following rates is paid, in addition to the state duty:

•    for registration within two working days-AMD 150 000;

•    for registration within five working days-AMD 120 000;

•    for registration within seven working days-AMD 50 000.

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