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There are many conditions for concluding a marriage in Azerbaijan. Both persons must be of legal age, 18 years of age or older, consent must be obtained, medical examination and other conditions must be determined. They are included in Article 13 of the Family Code of the Republic of Azerbaijan.
There are also standards that prohibit marriage or lead to the legal dissolution of a marriage after it has taken place.
Yesterday, at the meeting of the Parliamentary Committee on Family, Women and Children’s Affairs, the proposed amendments to the Family Code were discussed, according to which marriages between illegal foreigners or stateless persons in the territory of the Republic of Azerbaijan will not be allowed.
But under what circumstances can a marriage be terminated?
Musawat Lawyer Asabali Mustafayev told Bizim.Media that these cases are reflected in two articles of the Family Code:
“Our marriage age is 18, but only those who are 18 or older can get married. If there are certain reasons, the age limit can be lowered by one year. From this, it can be seen that people under the age of 18 do not have the right to marry at the age of 18, and if they get the consent of the relevant executive body, it is 17. The marriage age is reflected in Article 10 of the Family Law.
The same law also has Article 12, which deals with circumstances that prevent marriage. It prohibits marriage between close relatives. Close relatives do not include cousins, aunts and similar relatives. The term close relatives refers to parents and children, grandparents and grandchildren, brothers and sisters and step-brothers and sisters. In other words, marriage cannot be contracted between them. It is also prohibited for adopted persons to marry each other.
Those who have one or both of them are in another marriage, those who have not passed the medical examination, those who have one or both of them are mentally ill, or those who have been deemed incompetent by the court due to mental retardation cannot get married.
He said that a marriage is terminated if it is contracted without disregarding the following circumstances:
“If the marriage age stipulated in Article 10 is reached and the circumstances stipulated in Article 12 are such that marriage cannot be married, this is the basis for the invalidity and termination of the marriage. Usually, the termination of marriage is when a legal marriage is concluded by the court at the request of one of the parties. There is also a situation where a marriage is considered invalid, that is, the marriage is being concluded.
For example, a foreign citizen comes to Azerbaijan and gets married here. But no one knows whether he got married in his own country or in another. There are many such examples. Once this is known, the marriage is terminated. ”
The lawyer also talked about the issue of fake marriages:
“The court also recognizes that a marriage is invalid. Individuals do not claim to form a family, but they get married. Someone comes to Azerbaijan and gets a fake marriage with a citizen of this country to get a residence permit. When it becomes known that their intentions differ, such a marriage can be terminated not only at the request of both parties, but also at the request of the relevant state agencies.
For example, the parties can also claim that the deceived party later discovered that his marriage partner was incompetent or married someone in another country. There were many fake marriages in factories and when factories provided housing. Formal marriages are established to form a family. Fake marriages go beyond these intentions. State agencies have the right to bring lawsuits in this regard. “
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