Divorce is a complex and often emotional process that not only affects the lives of the spouses but also has a significant impact on their children, property, and future well-being. In Armenia, the legal regulation of divorce is defined by the Family Code of the Republic of Armenia and involves several important issues, including the divorce procedure, child custody, alimony, division of property, and other obligations.
In this article, we will discuss the rights and responsibilities of individuals undergoing divorce, the process that must be followed to get divorced, and the steps that should be taken to ensure the separation is conducted in a fair and lawful manner.
Divorce Regulation in Armenia
In the Republic of Armenia, divorce can be carried out through two different procedures:
- At the Civil Status Acts Registration Agency (CSARA or ZAGS)
- In court
1. Divorce through the Civil Status Acts Registration Office (CSARO or ZAGS)
The grounds for state registration of divorce are:
- A joint application from the spouses for state registration of divorce by mutual consent.
- An application from one spouse if the other spouse has been declared missing or legally incapacitated by the court, or has been sentenced to imprisonment by a court verdict.
- An application from one spouse along with a court decision that has entered into legal force in cases where the divorce is carried out through judicial procedure.
Divorce Application and Required Documents for State Registration
- To register a divorce with the state, the following documents must be submitted:
- Identification documents (or copies) of the person(s) applying for divorce.
- The marriage certificate, if available, or details about the marriage registration, including the registering authority, place, and date.
- A copy or extract of a court decision that has entered into legal force declaring one spouse as missing.
- A copy or extract of a court decision that has entered into legal force declaring one spouse as legally incapacitated.
- A copy or extract of a court verdict that has entered into legal force sentencing one spouse to imprisonment.
- A court decision that has entered into legal force regarding the divorce if it was carried out through judicial procedure.
- A copy of the competent authority’s decision appointing a legal representative for the incapacitated person.
- If the divorce application is submitted by an authorized representative, a notarized application form containing the information required by this article must also be provided.
Procedure for State Registration of Divorce
- The state registration of divorce is carried out one month after the date the divorce application is submitted.
- The submitted divorce application remains valid for six months.
- If the spouses submit separate divorce applications, the one-month period begins from the date the second application is received.
The divorce certificate is issued to the applicant either electronically—sent to the email address provided by the applicant—or in paper form.
State Duty Rate
- For divorce registration, including the issuance of the certificate, a state duty is charged in the amount of ten times the base duty, which equals 10,000 AMD.
Fee for Additional Services:
- Reduction of the divorce registration period—if the spouses wish to finalize the divorce on a specific date earlier than the standard timeframe, an additional fee of 100,000 AMD is charged.
2. Divorce Through the Court
2.1. Divorce is carried out through judicial procedure if:
a) There is no consent from one of the spouses regarding the divorce.
b) One of the spouses, despite not objecting to the divorce, avoids registering the divorce with the Civil Status Acts Registration Office.
c) The spouses wish to divorce through court by mutual consent.
2.2. In the absence of mutual agreement between the spouses, the court is obligated to:
a) Decide with which parent the children will live after the divorce.
b) Determine from which parent and in what amount alimony (child support) shall be collected.
c) Divide the property considered common joint ownership, based on the request of one or both spouses.
d) Determine the amount of financial support to be provided to the spouse entitled to receive means of subsistence.
Child Custody and Alimony Payments
In the case of divorce, one of the most important issues is determining child custody (permanent residence).
The court decides on child custody based on the following factors:
- The best interests of the child
- Which parent the child has a stronger bond with
- Which parent can provide better conditions for the child’s upbringing
- The financial capabilities of the parents
- The child’s opinion (if the child is old enough to express an independent view)
Alimony Payments
If child custody is granted to only one parent, the other parent is obligated to pay alimony. In Armenia, the amount of alimony depends on the parent’s income and the needs of the child.
Alimony Standards:
In the absence of an agreement between the parents regarding child support, alimony is collected through court in the following amounts as monthly payments:
a) One-fourth of the parent’s earnings and/or other income for one child.
b) One-third for two children.
c) One-half for three or more children.
If the parent has no official income, the court may set a fixed amount based on the child’s needs.
Division of Property
If the spouses have not signed a prenuptial agreement, jointly acquired property is divided according to the 50/50 principle. However, the court may decide otherwise if it is proven that one party made a significantly greater contribution to the acquisition of the property.
Property includes:
- Real estate (apartment, house, land)
- Vehicles
- Bank savings
- Business and income
Property acquired before marriage or received as a gift or inheritance is not considered joint property and is not subject to division.
Divorce is a complex process accompanied by numerous legal and personal challenges. In Armenia, it can be carried out either through the Civil Status Acts Registration Office or through the court, depending on the specific circumstances.
Important Considerations in the Case of Divorce
- Be informed about your rights and responsibilities.
- Avoid conflicts and try to reconcile if possible.
- Prioritize the best interests of the children.
- If there is a property dispute, seek advice from a legal expert, such as a lawyer.
If you are preparing for a divorce or find yourself in such a situation, it is crucial to obtain the correct information and act within the legal framework to secure the best interests of you and your children.
The divorce process is often associated with significant psychological, financial, and legal challenges. During this uncertain phase, it is important to seek quality legal advice that will help you understand what steps to take based on your specific situation. If there are minor children involved, it is essential to approach their future with greater responsibility by ensuring financial stability, psychological support, and a safe environment.
Additionally, if there are property issues, it is advisable to discuss them in advance, and if possible, through reconciliation, as court proceedings can be lengthy and costly. If you and your ex-spouse are unable to reach an agreement on property division, alimony payments, or child custody, the court will make a decision based on the legal requirements and the best interests of the child.
It is also important to consider the psychological factor. Divorce can have a significant impact not only on the individuals involved but also on their children. During this period, it is essential to maintain restraint, avoid unnecessary conflicts, and, if possible, seek the help of specialists such as psychologists or family counselors.
Divorce is a new phase in life that can be challenging, but with the right approach and legal actions, it is possible to protect the rights of all parties involved and create a calmer and more prosperous future for both you and your children.
We understand that each case has its unique features, which is why LSA provides a personalized approach to each client, helping to find the best legal solution. If you need legal assistance, do not hesitate to contact us. We are ready to stand by your side and ensure the protection of your rights.
