Risks of a Formal Divorce

Valyuta.az presents an article by lawyer Qasım Q. Shaliyev, a member of the Bar Association of the Republic of Azerbaijan, in the "Legal Quarter" section titled "Paper Divorce."

Since the earliest days of humanity, the family has been considered the foundation of society. A family is not only formed when two individuals marry but is also strengthened with the birth of children. Over time, family members plan for the future together, share joys and sorrows, and ideally, the parent-child bond evolves into a partnership or friendship. In this context, children growing up in a secure and happy family environment is of utmost importance.

It is no coincidence that our Constitution states that the family, as the fundamental unit of society, is under the special protection of the state.

However, in practice, some couples engage in formal divorces for various reasons. Despite an official divorce, the "family" unit continues, joint finances are maintained, and in some cases, even close relatives are unaware of this "on-paper" separation. Over time, this artificial arrangement can lead to unexpected disputes. In such cases, lawyers are often asked to "undo" the legal consequences of these actions. Unfortunately, proving in court that a divorce was not genuine is extremely difficult.

When entering into marriage, both men and women acquire certain legal rights. Family law ensures that spouses have equal personal and property rights. This includes joint decision-making on matters such as parenting, childcare, and family-related issues.

A crucial issue arises concerning property rights. Under the law, any property acquired during the marriage is considered joint marital property, regardless of whose name it is registered under. Even if one spouse has no independent income, they still have equal rights to shared assets.

With a formal divorce, spouses legally regain their "single" status. However, this means they may lose legal claims to shared property, as the law imposes a three-year statute of limitations for property division claims. Additionally, any property acquired after the divorce is no longer considered jointly owned, allowing the legal owner to dispose of it independently.

Another significant issue is determining the paternity of children born after a formal divorce. If a child is born within 300 days of the divorce, the former husband is automatically recognized as the father. Otherwise, paternity must be established through a joint declaration from the parents or, in cases of refusal, through legal proceedings.

Moreover, once a marriage is officially dissolved, ex-spouses generally lose the right to inherit from each other unless specified in a will.

In conclusion, the lawyer advises individuals to carefully assess the risks and seek legal consultation before proceeding with a formal divorce to avoid potential financial losses, legal disputes, and emotional stress in the future.