THINKING OF DIVORCE BEFOREHAND

Recently the editorial staff frequently receives questions from citizens who wish to ascertain certain details about marriage contract. Therefore, let us not focus on any questions, but instead let us try to satisfy the questions around the given subject that our readers are mostly interested in.

The marriage contract signed between the couples which stipulates the property to be transferred in divorce is another question. The legal norm is regulated by the inter-governmental legislation of the Republic of Armenia and the Legislation permits spouses, not yet married, to preliminary think of not only getting old together, but also divorce.

Article 201 of RA Civil Code stipulates that during marriage the property acquired by spouses are deemed to be the latters’ property, except for the property received as a donation or inheritance, as well as clothes, shoes of personal use, except for valuable stuffs and luxuriant items. The legal norm of the legislation will not be applied in case when marrying spouses enter into a marriage contract. It is necessary to know that the marriage contract shall be effective only upon the state registration of marriage and marriage certificate obtained from the civilian registrar’s office. The marriage contract ranks among the contracts which are signed in writing and are attested notarially. In signing the contract spouses are free to modify their general property, their entire property and its separate types of property of each of spouses.

Furthermore, the contract can stipulate a respective provision regarding the present and future acquisition of property of spouses.

Under this contract spouses shall be entitled to:

a) determine their mutual rights and obligations as to taking care of living means of each other,

b) determine the procedure of assisting in income of each other,

c) the property which is to be transferred to each of them in divorce.

It is prohibited to include the following in the contract:

a) limitation of competence and capability of spouses,

b) to apply to courts for the protection of their rights,

c) personal non-property relations between spouses

d) rights and obligations in respect of their children,

e) envisage provisions regarding the limitation of rights as to living means of unemployed and insecure spouse,

f) include other conditions which result in unfavrouable situation for one of the spouses.

The marriage contract can be amended or terminated by the consent of the parties or invalidated juridically.

Unilateral waiver from execution of the marriage contract is not permitted.