Registration of divorce and its consequences
Marriage in Georgia
The legislation of Georgia defines marriage as a voluntary union of a man and a woman for the purpose of creating a family, which is registered in the territorial service of the State Services Development Agency, legal entity under public law operating in the sphere of governance of the Ministry of Justice of Georgia. In order for the marriage to be genuine it is necessary to register it in the state body, which is determined by law. The necessary conditions for marriage registration are as follows:
- · Marriageable age;
- · Consent to be married;
- · Absence of conditions hindering marriage.
If a person wishing to register a marriage is a citizen of a foreign country, it is a necessary condition for him to be in Georgia on a legal basis. Marriage registration is not allowed through a representative. However, couple as well as their authorized person/persons can submit an application for marriage registration. Marriage registration can be carried out: in marriage houses, in any branch of the House of Justice and in any territorial service of the State Services Development Agency, as well as in any place outside the registering authority. Marriage registration must be performed in the presence of at least two adult, competent witnesses, which is not a problem, given that our firm offers witness services to its clients.
Marriage registration at a branch of the House of Justice or a community center without a special ritual service is free, although the service fee varies depending on the time and location of the registration. Apostille certification of a marriage certificate is possible based on the application of any person who applies to the relevant body authorized for it.
It is important that a person cannot get married in Georgia if he/she already has a wife/husband. A divorced person must also provide documents confirming the previous divorce.
Ways of termination of marriage in Georgia
There are three legal ways to terminate officially registered marriage:
- Ø Death of one of the spouses;
- Ø Declaring one of the spouses dead in accordance with the law;
- Ø Divorce.
Georgia Divorce Process
Let’s focus on termination of marriage through divorce, prerequisites for its admissibility, registration obligation and legal consequences.
In accordance with the legislation of Georgia, divorce of spouses is possible in the body of registration of civil acts or in court. Divorce in the court is done only if there is a dispute between the spouses.
To register a divorce, the parties can apply to:
Ø Any branch of the House of Justice;
Ø Any territorial office of the State Services Development Agency.
Persons who have the authority to apply for divorce
Ø Spouses wishing to divorce (with a joint application);
Ø Representative (if one of the spouses is not in Georgia) who have to submit following documents:
1. power of attorney duly certified;
2. Identity document of the entrusted person.
Ø One of the spouses, if:
- 1. there is a court decision on divorce;
- 2. the other spouse is recognized as missing by the court;
- 3. the other spouse is sentenced to imprisonment of not less than 3 years.
It should be noted that during the pregnancy of his wife and within one year after birth of the child, the husband has no right to file for divorce without the wife's consent.
The documents to be submitted for divorce
The documents to be submitted to the authorized body for divorce registration based on the joint application of the spouses are:
- 1. Joint written statement for divorce;
- 2. Identity documents of spouses;
- 3. Marriage certificate.
If the applicant is one of the spouses, the following must also be attached to the application:
- Ø Court decision on divorce (legally binding);
- Ø Decision of the court regarding the recognition of the second spouse as missing (legally binding);
- Ø The legally binding decision of the court on recognizing the second spouse as incapacitated (if the mentioned person is known as an incapacitated person before April 1, 2015);
- Ø The court's legally binding judgment on the sentence of at least 3 years of imprisonment for the other spouse.
Divorce legal consequences
Divorce has important legal consequences. Dividing property that spouses acquired during marriage is one of the most crucial issues. When determining the property rights of spouses priority is given to a more special arrangement - the marriage contract and not the Code. However, in the event that no contract was concluded between the spouses, the dispute is settled according to legal regulations.
The property acquired by the spouses during the marriage is their common property (co-ownership), on which the spouses have equal rights. In case of divorce, each spouse is entitled to ½ part of the common property, although this does not apply to their individual property. Property that is not subject to equal division and remains the property of one spouse after divorce is the following:
- Ø Property that belonged to one of them before marriage;
- Ø Property that is received by inheritance or gift during marriage
- Ø Personal items (except jewelry);
- Ø Items needed for professional work (for instance: musical instruments, medical equipment, library...).
The individual property of one of the spouses may turn into joint property when it is established that the value of this property has increased significantly as a result of the expenses incurred during the marriage.
In addition, during the divorce of the spouses, their debts are divided according to the share of each of them in the common property. However, the mentioned rule applies only to joint debts or debt taken by one of the spouses only if it is proven that the amount was used for the family's interests. Debt taken by one of the spouses is paid only from his property or from his share in co-ownership.
The statute of limitation for the division of jointly owned property of spouses is three years. It means that implementation of the request is allowed within three years after the divorce, and after this period, the request is outdated and cannot be enforced.
In addition to the property dispute between the spouses, during the divorce, a dispute may arise about the alimony and the place where children would live. If the spouses cannot agree on the residence of the children, the court takes the decision based on the best interests of the child. The alimony which is paid by the parents for the benefit of the children who are minors or adults, but unable to work, is determined by the mutual agreement of the parents. In the absence of an agreement, the court determines the amount by taking into account the needs of the child and the financial situation of the parent.
Our law firm in Tbilisi offers family dispute resolution services to individuals who wish to register a marriage or divorce in Georgia. Searching for documents, their preparation and submission, presence of witnesses during marriage registration are associated with certain difficulties. They can be solved in the shortest possible time by means of our highly qualified legal professional.
