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Prenuptial agreement: distrust or guarantee?

04 August 2015 [09:10] - TODAY.AZ

/By AzerNews/

By Amina Nazarli

By entering into family life, both of the lovers usually believe that it will be their first and last marriage, and divorce is probably the last thing on their minds. That’s why they often do not consider financial arrangements when they are falling in love.

Love them or loathe them, prenuptial agreements have become an essential part of preparing for a modern marriage.

For many these discussions may be embarrassing to begin with since most people are romantic at heart and want their relationships to last.

They may take offense to the idea of reducing their feelings to a piece of paper. While no one wants to be pessimistic when getting married, it may, however, be better to be financially safe in advance than sorry later.

In many countries, the prenuptial agreement has long become the norm, providing for a civilized relationship. This trend has not received wide popular attention in Azerbaijan, despite the fact that it has been reflected in legislation since 2000.

In comparison with previous years, the number of prenuptial agreements have increased, stresses Elgun Safarov, the head of Information and Analytical Research Department of the State Committee of Family, Women and Children Affairs.

In Azerbaijan, having a population over 9.6 million, a total of 84,912 couples tied the knot in 2014. Meanwhile, the country saw a total of 12,088 divorces.

He noted that 83 prenuptial agreements were reported in 2014, while in the first quarter of 2015 some 23 marriage contracts were registered. In previous years however, that number did not reach over 50 per year, Safarov said.

Indeed, divorce is always a bad thing, but if, for whatever reason, divorce happens, the prenuptial agreement can mean financial protection for both sides. Any person, before determining their family relationships, must provide for their future security in terms of the law.

“The prenuptial agreement can be signed before and after marriage. During divorce, the contracts can help in resolving some tangible issues. It is a good way of protecting family property,” Safarov said. “In order for the marriage contract to be valid, it must be signed in accordance with the law," he added.

People’s attitudes toward prenuptial agreements are different. Very often this agreement is seen as a sign of distrust and hostility.

Although many argue about the pros and cons of the marriage contract, lawyer Elchin Gambarov believes that the prenuptial agreement may reduce the number of costly, lengthy, and hostile battles at court should the relationship comes to an end. “If our citizens entered into a marriage contract before marriage, they could avoid many problems causing divorce,” he told echo.az.

The unpopularity of the prenuptial agreement is associated with the fact that it implies a certain uncertainty about the future of a couple, the lawyer explained.

Many believe that this agreement is relevant mostly for the wealthy, and not so important for average people. Very often we observe that some people, particularly celebrity couples, include very unusual items and bizarre requirements in their prenuptial agreements before tying the knot.

Gambarov said that prenuptial agreement can include anything the sides want. “The main point is that it should involve the desire of both sides,” the lawyer said, adding that the contract has no negative aspects. And in case of any problems, Gambarov stressed that all points are agreed in advance.

A prenuptial agreement regulates property relations between spouses. Moreover, it includes a premarital examination, expert in international law Kamil Salimov said. It is also necessary to find out whether the future spouses suffer from any disease.

In many CIS countries the prenuptial agreement is not so popular, however, Salimov noted that it may help protect the rights of women and children in case of divorce.

The expert connected low rate of popularity for the prenuptial agreement in Azerbaijan with a misunderstanding of its purpose and functions.

URL: http://www.today.az/news/society/142621.html

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