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FAMILY CODE OF THE REPUBLIC OF ARMENIA

of December 8, 2004 No. ZR-123

(as amended on 07-02-2020)

Accepted by National Assembly of the Republic of Armenia on November 9, 2004

Section 1. General provisions

Chapter 1. Family legislation

Article 1. Basic principles of the family legislation

1. According to article 16 of the Constitution of the Republic of Armenia, family as natural and main cell of society, basis of preserving and reproduction of the population, and also motherhood and the childhood are under special protection and protection of the state.

The state guarantees priority protection of the rights of children. The family legislation proceeds from need of strengthening of family, creation of the family relations on mutual love and mutual respect, mutual assistance and responsibility of all family members, inadmissibility of any intervention someone in cases of family, priority of education of children in family, ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights.

2. The scrap concluded only in registration authorities of acts of civil status is recognized.

3. Women and men in case of marriage, in scrap, in case of annulment of marriage have the equal rights.

4. Legal regulation of the family relations is performed according to the principles of voluntariness of the marriage union of the man and woman, equal rights of spouses in family, permissions of family questions by mutual consent, cares of their welfare, ensuring priority protection of the rights and interests of minor and disabled family members.

5. In case of marriage and in the family relations the discrimination depending on race, skin color, ethnic or social origin, genetic signs, language, religion, outlook, political or different views, belonging to ethnic minorities, property status, the birth, disability, age or other circumstances of social nature is forbidden.

6. Freedom of marriage can be limited only for the purpose of protection of health and morals in the cases established by this Code.

7. Any action made concerning the child shall follow from its best interests. Ensuring the best interests of the child is directed to effective and complete implementation of the rights of the child affirmed by the Constitution and the laws of the Republic of Armenia taking into account intellectual and physical needs of the child, opportunities of the corresponding leaving and education for satisfaction of these requirements, importance of return to family or lives with family, importance of communication of the child with the parent and other family members for development of the child, question of national identity, cultural, language, spiritual or religious ties or education and value of the child in the family circle and other requirements, requirements and interests (further - the Best interests of the child).

8. If any of regulations it can be applied differently, then in case of its application, first of all, the Best interests of the child are considered.

Article 2. The relations regulated by the family legislation

The family legislation establishes conditions and procedure for marriage, termination of scrap and recognition by its invalid, governs the personal non-property and property relations between family members: spouses, parents and children (adoptive parents and adopted), and in the cases and limits provided by the family legislation between other relatives and other persons, and also determines forms and procedure for the organization of child care and its education in family, without parental support.

Article 3. The legislation of the Republic of Armenia governing the family relations

1. The family relations in the Republic of Armenia are governed by the Constitution of the Republic of Armenia, this Code, the Civil code of the Republic of Armenia, other laws, international treaties of the Republic of Armenia, and also other legal acts of the Republic of Armenia.

2. If the international treaty of the Republic of Armenia establishes other regulations, than those which are provided by the family legislation then are applied regulations of the international treaty.

Article 4. Application to the family relations of the civil legislation

The civil legislation is applied to the property and personal non-property relations between family members, stipulated in Clause 2 of this Code and not settled family legislation so far as it does not contradict being of the family relations.

Article 5. Application of the family legislation and civil legislation to the family relations by analogy

If the relations between family members are not settled by the family legislation or the agreement of the parties and there are no regulations of the civil law which are directly governing the specified relations, then the regulations of the family and (or) civil law governing the similar relations (analogy of the law) are applied to such relations (if it does not contradict their being). In case of impossibility of application of analogy of the law of the right and obligation of family members are determined proceeding from the principles of the family or civil law (analogy is right).

Chapter 2. Implementation and protection of the family rights

Article 6. Implementation of the family rights and execution of family obligations

1. Citizens at discretion perform the rights following from the family relations and the legislation (the family rights, including protection of these rights) provided to them if this Code does not provide other.

2. Implementation by members of the family of the rights and execution of the obligations by them shall not violate the rights, freedoms and legitimate interests of other family members and other persons.

3. The family rights are protected by the law, except as specified, if they are performed in contradiction with purpose of these rights.

Article 7. Protection of the rights of family members

Protection of the rights of family members is performed judicially, and in the cases and procedure provided by this Code, the relevant state bodies or guardianship and custody bodies.

Article 8. Use of limitation period in the family relations

Limitation period is not applied to the requirements following from the family relations, except as specified, provided by this Code. In such cases limitation period is applied according to the procedure, established by the civil legislation.

Section II. Conclusion and termination of scrap

Chapter 3. Conditions and procedure for marriage

Article 9. Procedure for marriage

1. Scrap consists in the bodies performing state registration of acts of civil status, according to the procedure, established by the legislation of the Republic of Armenia, in case of compulsory attendance of persons marrying.

2. The rights and obligations of spouses follow from the moment of state registration of scrap in the bodies performing state registration of acts of civil status.

Article 10. Marriage conditions

1. Are necessary for marriage mutual voluntary consent of the man and woman, marrying, and achievement of age of consent of eighteen years, except as specified, provided by the paragraph the second this part by them.

Person can marry also at the age of 17 years if there is consent of his parents, adoptive parents or the custodian. Person can marry also at the age of 16 years if there is consent of his parents, adoptive parents or the custodian and other marrying person reached age of at least 18 years.

2. Marriage in the presence of circumstances, stipulated in Article the 11th of this Code is forbidden.

Article 11. The circumstances interfering marriage

Marriage is not allowed between:

a) persons from whom at least one is married in other registered procedure established by the law;

b) close relatives (relatives on the direct ascending and descending line - parents and children, the grandfather, the grandmother and grandsons, and also the family having general the father or mother brothers and sisters, children of the sister, the brother of mother and the father);

c) adoptive parents and adopted;

d) persons from whom at least one is recognized as court incapacitated.

Article 12. Physical examination of persons marrying

1. Physical examination of persons marrying and also consultation on medico-genetic questions and questions of planning of family are carried out by the organizations of health care within the annual target programs of health care guaranteed by the state at the request of persons marrying.

2. Results of inspection of person marrying are medical secret. These results with the consent of person which underwent inspection can be told person whom it intends to marry.

3. If person who married at the time of state registration of scrap hid from other spouse (spouse) availability at it venereal disease (including human immunodeficiency virus), and also mental disease, drug addiction and toxicomania, then other spouse (spouse) has the right to take a legal action for scrap recognition by invalid.

Chapter 4. Scrap termination

Article 13. Scrap termination bases

1. Scrap stops owing to the death of one of spouses or recognition by court of one of spouses by the dead.

2. Scrap can be stopped by annulment of marriage based on the statement of both spouses or one of spouses, and also based on the statement of the guardian of the spouse recognized by court incapacitated.

3. The husband without the consent of the wife has no right to submit the declaration of avoidance of scrap during pregnancy of the wife.

Article 14. Procedure for annulment of marriage

Annulment of marriage is made in the bodies performing state registration of acts of civil status, in the cases provided by this Code, and according to the procedure, established by the legislation, and also judicially.

Article 15. Annulment of marriage in the bodies performing state registration of acts of civil status

1. In the presence of mutual consent on annulment of marriage of spouses termination of their scrap is made in the bodies performing state registration of acts of civil status.

2. Annulment of marriage based on the statement of one of spouses is made in the bodies performing state registration of acts of civil status if other spouse:

a) it is recognized as court it is unknown absent;

b) it is recognized as court incapacitated;

c) it is condemned to imprisonment for the term of over three years.

3. Disputes on the Section of common property of spouses, funds for content of the disabled unsecured spouse, and also the disputes on children arising between spouses are considered judicially irrespective of annulment of marriage according to the procedure, stipulated in Clause the 17th of this Code in the bodies performing state registration of acts of civil status.

Article 16. Annulment of marriage judicially

1. Annulment of marriage is made judicially:

a) in the absence of the consent of one of spouses to annulment of marriage;

b) if one of spouses, despite the absence of at him objections, evades from annulment of marriage in the bodies performing state registration of acts of civil status;

c) if spouses by mutual consent wish to dissolve marriage judicially.

2. When considering the case about annulment of marriage on the statement of one of spouses the court has the right to take measures to conciliation of spouses and has the right to postpone consideration of the case, having provided to spouses for conciliation term up to three months. The court has the right to suggest the parties to resolve matrimonial cause, and also about the disputes arising between spouses in case of divorce, conciliation, having explained essence of the last, and also to take steps for conciliation of spouses.

In this case annulment of marriage is made if spouses (one of them) insist on annulment of marriage.

3. In the presence of mutual consent on annulment of marriage the court dissolves marriage not later than within a month from the date of submission of the declaration of avoidance of scrap by spouses.

Article 17. Procedure for consideration of the disputes arising between spouses in case of annulment of marriage

1. In case of annulment of marriage judicially, and also in case of annulment of marriage in the bodies performing state registration of acts of civil status, spouses can bring into court the agreement on that with which of them children, about payment procedure of funds for content of children and (or) the disabled unsecured spouse, about the sizes of these means or about the Section of common property of spouses will live.

2. In case of lack of the agreement between spouses the court shall:

a) determine with which of parents children after annulment of marriage will live;

b) determine from which of parents and in what size the alimony shall be collected;

c) upon the demand of spouses (one of spouses) to make the Section of the property which is considered as their joint property;

d) upon the demand of the spouse having the right from other spouse of funds for content to determine the size of these means.

3. If the Section of property infringes on interests of the third parties, the court can select the requirement about the Section of property in separate production.

4. If the Section of property of spouses does not concern interests of the third parties, then spouses by mutual consent can give the dispute connected with the Section of their common property, to permission of arbitral tribunal according to requirements of the Civil Procedure Code of the Republic of Armenia and the Law of the Republic of Armenia "About commercial arbitration". The arbitral agreement does not limit the right to transfer to court of the dispute connected with the Section of property of the spouse, except for case if the arbitral agreement was signed after emergence of dispute, and the parties unconditionally agreed to transfer dispute to permission of arbitral tribunal.

Article 18. The moment of the termination of scrap in case of annulment of marriage

1. The marriage dissolved in the body performing state registration of acts of civil status is considered stopped from the moment of state registration of annulment of marriage.

2. The marriage dissolved judicially is considered stopped from the moment of the introduction of the judgment in legal force.

The court shall within three days from the moment of the introduction in legal force of the judgment about annulment of marriage send the statement from this decision to the body performing state registration of acts of civil status for the place of state registration of marriage.

The annulment of marriage made judicially is subject to state registration according to the procedure, established by the legislation of the Republic of Armenia.

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