Divorce is a difficult decision, both emotionally and legally. This post is for people who are considering divorce or are already going through it: based on the Family Code, we explain in plain language when a marriage is dissolved at the registry office and when in court, as well as the basic rules on dividing property and on child support.
Divorce at the registry office: without going to court
Under Article 17.1 of the Family Code, if the spouses have no common minor children and both agree, the marriage can be terminated without going to court, at the relevant executive authority (the registry office).
Under Article 17.3, the dissolution of the marriage and the issue of a certificate confirming it take place after 1 month has passed from the date the application was filed.
In addition, Article 17.2 provides for this procedure to apply in certain cases where a spouse is missing, legally incapacitated or deprived of liberty. In such a situation, check the exact conditions in the official text of the article or consult a lawyer.
Divorce through the court
If there is a common minor child
Under Articles 21.1 and 21.3 of the Family Code, if spouses who have a common minor child agree to divorce, the marriage is dissolved in court without examining the reasons for the divorce. However, this takes place no earlier than 1 month from the date the application was filed.
If one party does not agree
Under Article 20.2, if one party does not agree to the dissolution of the marriage, the court may postpone the case by setting a period of 3 months for the spouses to reconcile. The law uses the wording "may postpone", meaning that this step is at the court's discretion.
| Situation | Where | Timeframe | Basis (Family Code) |
|---|---|---|---|
| No common minor children, both parties agree | Registry office | After 1 month from the date the application was filed | 17.1, 17.3 |
| Common minor child, both parties agree | Court (without examining the reasons) | No earlier than 1 month from the date the application was filed | 21.1, 21.3 |
| One party does not agree | Court | A 3-month period for reconciliation may be set | 20.2 |
Division of property on divorce: joint and personal property
Under Article 32.1 of the Family Code, property acquired by the spouses during the marriage is their common joint property.
At the same time, each spouse may also have personal property (Article 34.1):
- property that belonged to them before the marriage;
- property they received during the marriage as a gift, by inheritance or under other gratuitous transactions.
Under Article 34.2, items for personal use, except jewellery, also belong to the spouse who uses them.
Division rule: unless the agreement between the spouses provides otherwise, their shares are deemed equal when common property is divided (Article 37.1). The court may depart from this rule in the interests of the children and for other reasons specified in the law (Article 37.2).
Practical tip: keep documents showing when and on what basis (purchase, gift, inheritance) property was acquired. If a disagreement arises, these documents help clarify the situation.
Child support: statutory shares for children
Under Articles 76.1 and 76.2 of the Family Code, where there is no agreement on child support, the court collects child support every month from the parent's earnings and/or other income in the following amounts:
| Number of children | Child support share |
|---|---|
| 1 child | 1/4 of earnings and/or other income |
| 2 children | 1/3 |
| 3 or more children | 1/2 (half) |
Under the law, the court may reduce or increase these shares. So in a particular case, the amount may differ from the shares above.
Summary
- If there are no common minor children and both parties agree, the marriage can be dissolved at the registry office; this takes place after 1 month from the application.
- If there is a common minor child and the parties agree, the marriage is dissolved in court without examining the reasons, no earlier than 1 month from the application.
- If one party does not agree, the court may postpone the case by setting a 3-month period for reconciliation.
- Property acquired during the marriage is common joint property; if there is no agreement, the shares are deemed equal on division.
- Where there is no agreement, child support is collected at 1/4 of earnings for 1 child, 1/3 for 2 children and 1/2 for 3 or more children.
If you have questions about divorce, division of property or child support, message us on WhatsApp: +994 77 739 10 12. Estavor Legal also provides legal consultations online — we will listen to your situation and work out together how the law may apply to your case.
📚 Sources
- Azərbaycan Respublikasının Ailə Məcəlləsi, 17.1-ci maddə
- Azərbaycan Respublikasının Ailə Məcəlləsi, 17.3-cü maddə
- Azərbaycan Respublikasının Ailə Məcəlləsi, 20.2-ci maddə
- Azərbaycan Respublikasının Ailə Məcəlləsi, 21.1 və 21.3-cü maddələr
- Azərbaycan Respublikasının Ailə Məcəlləsi, 32.1-ci maddə
- Azərbaycan Respublikasının Ailə Məcəlləsi, 34.1-ci maddə
- Azərbaycan Respublikasının Ailə Məcəlləsi, 37.1 və 37.2-ci maddələr
- Azərbaycan Respublikasının Ailə Məcəlləsi, 39.1 və 39.3-cü maddələr
- Azərbaycan Respublikasının Ailə Məcəlləsi, 76.1 və 76.2-ci maddələr
🌐 The original article is in Azerbaijani; the official sources are available in Azerbaijani.
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