FAMILY IS THE MIRROR OF THE SOCIETY
When marrying a husband and a wife are bound with obligation before God, the State and relations to support each other and be obedient which is deemed to be the formation of a union which later is called a family. A family is created as a result of many years’ fruitful work of a husband and wife. A family is deemed to be formed due to forgiving each other and later having an ability to forgive yourself. There is no ideal family. It is formed during years. One needs to achieve it. Since divorce frequented in the world and Armenia is no exception (which is proved by cases pending in lawyer’s proceedings), below you can find information about the procedure termination of marriage and divorce, the procedure of settling disputes between spouses, as well as the size and manner of payment of alimonies. Marriage is terminated as a result of death of one of spouses, as well as through divorce. Divorce in its turn can take place in the manner prescribed by civilian registrar’s office and court.
Divorce through civilian registrar’s office can take place: 1. in the event spouses reach a mutual consent to divorce, divorce is carried out through civilian registrar’s offices. 2. in the event a juridical act is passed by the court as to the acknowledgment of one of the spouses as missing, incapable or who was sentenced to imprisonment for not less than three years, by virtue of an application filed by one of the spouses, divorce is carried out through a civilian registrar’s office.
Divorce through juridical manner. Divorce through juridical manner can take place if one of the consents of the spouses about divorce is missing or one of the spouses avoids registering divorce through a civilian registrar’s office or spouses wish to get divorced juridically. In a similar case, in view of the presence of the mutual consent of the spouses, marriage is terminated within one month’s time after the submission of the application. In other cases, the court is entitled to undertake certain measures directed at the reconciliation of spouses by giving them a three-month time after which the fact of divorce will be registered if at least one of the spouses insists on divorcing. When divorcing spouses can submit the consent with the court so as to specify with whom the children will live, the procedure of taking care of living means and maintenance for the children, unemployed, insecure husband, as well as division of common property.
In case of absence of the consents, the court shall bear the following obligations: a) determine with which parent the children are to live after the divorce, b) determine which of the parents is to pay alimony and the size thereof, c) perform division of common property at the request of at least one of the parents, d) determine the size of living means at the request of one of the spouses entitled to receive the said living means from the given spouse. It is necessary to know that divorce terminated through a civilian registrar’s office shall be deemed to be terminated upon its state registration, whereas divorce terminated juridically shall be deemed to be terminated after the decision thereof enters into its legal force. (within one month’s times after the promulgation of the verdict in courts of general and appeal civil court if no appeal is filed with the appeal and appellate court upon its promulgation). The court is obliged to forward an effective judicial act (excerpt) to a civilian registrar’s office within three days’ time which shall be subject to state registration, without which a new marriage of divorced spouses shall be prohibited. It is necessary to know that marriage between RA and foreign citizens which was registered outside Armenia in incompliance with the legislation of the given country, shall be valid if legalized by the Consulate. Divorce between the latters shall take place in accordance with intergovernmental laws, whereas outside Armenia it shall take place in accordance with the laws of the given country and shall be valid if legalized by the Consulate. During the pregnancy of the wife, the husband is disallowed to submit an application for divorce. Obligations for alimony.
Parents are obliged to maintain their children. The Legislation allows parents to settle the matter all by themselves. In case no alimony or consent is granted, it shall be collected juridically: a) 1/4 of salary or another income of a parent for one child, b) 1/3 of salary or another income of a parent for two children c) half of salary or another income of a parent for three and more children In view of the property of parents and family provisions, the court shall be entitled to reduce or increase the amounts of the determined parts.
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