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Civil Acts Registration

What is the procedure for divorce and the state registration of divorce? 

If there is voluntary mutual consent for divorce between the spouses, then their divorce is carried out in the body of the civil status acts registration.

The divorce may be registered in the body of the civil status acts registration on the basis of only one application, if the other spouse

(1)    has been declared by the court as missing;

(2)    has been declared by the court as having no active legal capacity;

(3)    has been convicted for a period not less than three years.

In the above mentioned cases, a marriage is terminated from the moment of state registration of the divorce in the body of the civil status acts registration.

The spouses submit a joint application to the body of the civil status acts registration for registration of the divorce. If one of the spouses does not have the opportunity to appear to the body of the civil status acts registration to submit a joint application for divorce, then the will of the spouses may be formulated in separate statements on divorce. The signature of the spouse submitting such a statement needs to be notary certified or by another person with the competence in carrying out the functions of a notary.

Spouses are entitled to withdraw their application for divorce at any moment prior to registration of the divorce.

The husband does not have the right to submit an application for divorce during the pregnancy of the wife, without the consent of the wife.

Divorce is carried out only through a judicial procedure, if:

(1)    there is no consent from one of the spouses for divorce;

(2)    one of the spouses, in spite of lack of objection, avoids performing the divorce in the body carrying out state registration of civil status acts;

(3)    the spouses wish to divorce through a judicial procedure upon mutual consent.

When divorcing through a judicial procedure, the marriage is considered as terminated from the moment of entry into legal force of the court’s civil judgment.

Both divorce through a judicial procedure and divorce performed in the body of the civil status acts registration are subject to state registration.

Registration of a divorce based on the court’s civil judgment having entered into legal force may be carried out by the body of the civil status acts registration in accordance with the application of both spouses and the application of one of the spouses. Registration of a divorce is carried out irrespective of the period following entry into legal force of the court’s civil judgment on divorce. Registration of a divorce through a letter of attorney or a representative is permitted in cases of registration of a divorce based on the court’s civil judgment on divorce having entered into legal force.

 

Which body carries out state registration of a divorce?

State registration of a divorce is carried out by one of the following bodies of the Civil Status Acts Registration Agency:

•    the body of the civil status acts registration of the place of cohabitation of the spouses, or

•    the body of the civil status acts registration of the place of residence of one of the spouses, or

•    the body of the civil status acts registration of the place of state registration of the marriage.

The Chamber of Solemn Registration of Marriage and Birth within the system of the Ministry of Justice of the Republic of Armenia may also perform state registration of a divorce, if it has registered the marriage (address: Otyan Street., 53a bld., 1st floor, Malatia-Sebastia administrative district, Tel.: +374-10-742233).

The registration of a divorce between citizens residing without a permanent registration is carried out by the body of the civil status acts registration of the place of temporary residence of the citizen getting divorced. In that case, the citizen must submit a reference from the place of temporary residence issued by the competent authorities.

What documents are required for state registration of a divorce? 

The following documents are submitted for state registration of a divorce:

1.   identification document;

2.   marriage certificate (in case of presence)

3.   joint application of spouses for divorce in the body of the civil status acts registration upon mutual consent of the spouses;

4.   application of one of the spouses, if the other spouse has been declared by the court as missing or having no active legal capacity or has been convicted for a period not less than three years;

5.   application of the spouses and court’s civil judgment having entered into legal force-in case of divorce through a judicial procedure.

The sample forms of the above mentioned documents 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.

 

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

Registration of a divorce and the issuance of a divorce certificate to each of the spouses are carried out at least one month after, but not later than three months following the day of submission to the body of the civil status acts registration of an application for divorce by the spouses.

In case of divorce through a judicial procedure, registration of a divorce is carried out on the day of submission of the application to the body of the civil status acts registration following entry into legal force of the court’s civil judgment.

 

 

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

All obligations deriving from marital relations are terminated between the spouses with state registration of a divorce. The spouse having changed his or her surname during state registration of a marriage is competent to maintain that surname after divorce, or receive his or her premarital surname following state registration of the divorce, upon his or her desire.

 

What is the rate of the state duty?

A state duty (AMD 10 000) is charged for state registration of a divorce, including issuance of a certificate.

A state duty of AMD 5 000 is also charged in case of desire to bear the premarital surname during state registration of a divorce.

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