Marriage Annulment in Armenia
The Family Code of the Republic of Armenia defines some barriers to marriage. When both or one of the couples ignores even one of these barriers, the marriage may be considered invalid. The marriage can be recognized as invalid only if the interested party applies to the court for its nullity; otherwise, it will remain valid.
If the court decides that the marriage is voidable, it will mean that the marriage was invalid from the start. In other words, a valid marriage has never existed. It is important to note, that the marriage is considered invalid after the state registration.
What Are the Grounds for Annulment in the Republic of Armenia?
A marriage may be invalid if:
- The parties are not of legal age to be married. The age to marry legally is 18. A person may also marry at the age of 17 if his / her parents, adoptive parents give their consent. According to the regulations person may marry even at the age of 16, if his / her parents, adoptive parents give their consent, and the other spouse is at least 18 years of age;
- One of the spouses is already married to someone else;
- Where it has been entered between the close relatives.
- Where it has been entered between the persons, at least one of who is recognized incapable by the court;
- If either parties or one of them did not intend to marry for the sake of marriage. Sham marriages are often formed in an effort to evade immigration law;
- If the married person at the moment of state registration of the marriage in the Civic Status Registration Department concealed the fact of sex virus (including HIV/AIDS), as well as the fact of drag addiction and toxic addiction from his/her spouse, the spouse has the right to apply to court for the recognition of the marriage invalid.
Who Can Apply for the Invalidity of the Marriage?
The claim can be submitted by the spouse whose rights were breached as a result of unlawful marriage. If the marriage has been conducted with a legally incapable person, the claim can be lodged by his / her guardian or by the departments of custody and guardianship. If the marriage has been conducted with a minor person, for annulment can apply the minor spouse, his/her parents (authorized representatives), When the minor spouse reaches at the age of 18, only a spouse has the right to apply for the recognition of the marriage invalid.
The claim can be submitted as well by any other person whose rights in some way have been violated in the result of the unlawful marriage.
The law establishes the circumstances in which the court may refuse the claim of marriage invalidity.
What Are the Consequences of the Invalid Marriage?
The marriage recognized invalid by the court does not create rights and obligations stipulated for the spouses by the law. Property which was acquired during the invalid marriage shall not be regarded as a joint property of spouses. The marriage contract concluded by the persons whose marriage is recognized invalid is recognized invalid as well.
It is important to note, however that the recognition of a marriage invalid does not affect the rights of children born in such marriage. It can nor affect the rights of child born within 300 days after the recognition the marriage invalid.
Recognizing the marriage invalid the court can meantime determine the right of a decent spouse, whose rights were violated by the conclusion of such a marriage, to receive alimony from the other spouse. The court is also entitled during distribution of the property, for the benefit of the conscientious party, declare the asset as a joint property, as well as recognize the marriage contract completely or partly valid.
ABOUT THE AUTHOR: Ms. Hasmik Ohnikyan
Ms Hasmik Ohnikyan is a licensed attorney at law with an extensive experiences in Familiy Law and Procurement matters in Armenia
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.