Short answer: A marriage contract is an agreement between persons entering into marriage, or between spouses, that sets out their property rights and obligations (Family Code, Article 38.1). It can be signed before the marriage is registered or at any time during the marriage. It must be in writing and notarised (Article 39). Without a contract, property acquired during the marriage is the spouses' joint property, and their shares are treated as equal on division (Articles 31, 32 and 37). A contract cannot restrict rights concerning children, personal relations or the right to go to court (Article 38.6).
What a marriage contract is and who can sign one
The Family Code recognises two property regimes: the statutory regime of joint ownership and the contractual regime. The statutory regime applies unless a marriage contract provides otherwise (Articles 31.1–31.2). The contractual regime is governed by Chapter VIII of the Code (Articles 38–40), and the creditor rule is in Article 42.
- Parties. Persons who are about to marry, or spouses during the marriage (Articles 38.1 and 39.1).
- Entry into force. A contract signed before the wedding takes effect on the day the marriage is registered by the state (Article 39.2). If the marriage is never registered, the contract does not take effect.
- Property covered. Both existing property and property to be acquired in the future (Article 38.3).
- Time limits and conditions. Rights and duties may be limited in time or made dependent on whether certain circumstances arise (Article 38.5). For example: "if the marriage lasts more than five years, the flat becomes joint property".
The Ministry of Justice's official guidance confirms the same rules: the contract is concluded before registration or during the marriage, in writing, and notarised.
No contract: the statutory regime of joint ownership
Property acquired during the marriage is the spouses' common joint property, whichever spouse's name it is registered in (Articles 32.1–32.2). This covers income from work, business and intellectual activity, pensions and benefits, movable and immovable property bought with common income, securities, shares in companies and bank deposits. A spouse who ran the household or looked after the children and had no income of their own also has a right to the common property (Article 32.3).
Property owned before the marriage, and property received during it as a gift, by inheritance or under another gratuitous transaction, belongs to that spouse alone (Article 34.1). However, if common funds or the other spouse's work substantially increased its value (for example, through major renovation), it may be treated as joint property (Article 35).
On division the shares are equal unless a contract says otherwise (Article 37.1). A court may depart from equal shares in the interests of minor children or the legitimate interests of a spouse (Article 37.2). After divorce, a three-year limitation period applies to claims for division (Article 36.9). For the court process, see our article on divorce and property division.
| Issue | Statutory regime (no contract) | With a marriage contract |
|---|---|---|
| Property acquired during marriage | Joint ownership (Article 32) | Can be joint, shared or separate (Article 38.2) |
| Shares on divorce | Equal, with court discretion to depart (Article 37) | Division as set in the contract (Article 38.4) |
| Family expenses and income | General rules | Contribution to expenses and participation in each other's income agreed (Article 38.4) |
| Disposal of real estate | Other spouse's notarised consent (Article 33.4) | If the contract made the property separate, assessed under that regime |
The sale or mortgage of common real estate requires the other spouse's notarised consent (Article 33.4). Our real estate buying guide explains how this works in practice.
What a marriage contract can and cannot cover
| Allowed (Articles 38.2–38.5) | Not allowed (Article 38.6) |
|---|---|
| Joint, shared or separate ownership of all property, certain types of property or each spouse's property | Restricting the spouses' legal capacity |
| Mutual maintenance obligations | Restricting the right to go to court |
| How each spouse shares in the other's income | Regulating rights and duties towards children |
| Each spouse's contribution to family expenses | Regulating personal non-property relations |
| What each spouse receives if the marriage ends | Restricting the right of a needy spouse who cannot work to receive maintenance |
| Other property terms, including time-limited or conditional ones | Terms that put a spouse in an extremely unfavourable position or contradict the basic principles of family law |
So who the children live with, child support and contact arrangements cannot be settled in a marriage contract. The spouses' duty to support each other is set out separately in Article 84.
Amendment, termination, invalidity and creditors
- Amendment and termination. By mutual agreement at any time, again in writing and notarised (Article 40.1). Unilateral refusal to perform the contract is not allowed (Article 40.2).
- Through the courts. At one spouse's request, a court may amend or terminate the contract on the grounds and in the manner the Civil Code provides for contracts generally (Article 40.3).
- End of the marriage. The contract ends when the marriage ends, except for obligations the contract sets for the period after divorce (Article 40.4).
- Invalidity. A court may declare the contract wholly or partly invalid on the Civil Code grounds for invalid transactions (Article 40.5). A spouse placed in an extremely unfavourable position may challenge the contract. Terms that breach the other prohibitions of Article 38.6 are void from the moment the contract is signed (Article 40.6).
Creditors. Each spouse must inform their creditors when the contract is concluded, amended or terminated. A spouse who fails to do so remains liable for their obligations regardless of what the contract says (Article 42.1). A creditor may ask for the contract to be amended or terminated under the Civil Code (Article 42.2). In other words, a marriage contract is not a tool for avoiding debts.
Inheritance. When a spouse dies, the surviving spouse's share in joint property does not form part of the estate (Civil Code, Article 1162). A marriage contract can affect the size of that share. See our article on inheritance in Azerbaijan for more.
Marrying a foreign national: which law applies
Under the Family Code, the spouses' property rights and obligations are governed by the law of the country where they live together. If they have no common residence, the law of the country where they last lived together applies. Spouses who have never had a common residence are subject to Azerbaijani law in Azerbaijan (Article 151.1). Spouses with no common citizenship and no common residence may choose the law that will govern their marriage contract; if they do not, Article 151.1 applies (Article 151.2). Foreign rules that contradict the basic principles of Azerbaijan's legal order are not applied (Article 157).
A contract notarised abroad usually needs an apostille or legalisation and a certified Azerbaijani translation before it can be used in Azerbaijan (Law on Notariat, Article 90). It is advisable to state the chosen law expressly in the contract.
Practical checklist
- Attach a list of each spouse's pre-marital property with supporting documents (title extracts, accounts, company shares).
- State precisely which assets will be joint, shared or separate: real estate, business interests, deposits, future income.
- Allocate loans, mortgages and other debts.
- Set out clearly how property will be divided and any compensation paid on divorce.
- Leave out terms about children, personal relations or access to the courts, as they are invalid.
- Avoid terms that put one spouse in an extremely unfavourable position. Both parties should read the draft in advance and take independent advice.
- Have the contract notarised. If ownership of real estate changes, confirm with the notary how the registry entry will be updated.
- Notify your creditors in writing and keep proof that you did.
Frequently asked questions
Can we sign a marriage contract after the wedding?
Yes, at any time during the marriage (Article 39.1).
Is a simple written agreement enough?
No. A marriage contract must be in writing and notarised (Article 39.3).
Can the contract decide who the children live with after a divorce?
No. Terms regulating rights and duties towards children are prohibited (Article 38.6).
Can one spouse cancel the contract alone?
No. Unilateral refusal is not allowed. The contract can be amended or terminated by mutual agreement or by a court decision (Articles 40.1–40.3).
How is property divided on divorce if there is no contract?
Property acquired during the marriage is joint, and the shares are treated as equal; a court may depart from this in certain cases (Articles 32 and 37). A three-year limitation period applies to division claims (Article 36.9).
Does a marriage contract protect against debts?
If creditors were not informed, the spouse remains liable for their obligations regardless of the contract (Article 42.1).
How we can help
Affidacons drafts marriage contracts tailored to the spouses' assets, reviews existing contracts against the Family Code's prohibitions, and assesses which law applies in marriages with a foreign spouse. We represent clients in court in disputes over the invalidity or amendment of marriage contracts and the division of marital property. See our litigation and legal representation service or contact us.
This article is general information and does not constitute legal advice. It is based on Articles 31–42, 84, 151 and 157 of the Family Code of the Republic of Azerbaijan, Article 1162 of the Civil Code, Article 90 of the Law on Notariat and official guidance from the Ministry of Justice (November 2026); legislation may change. Obtain advice on your specific circumstances before acting.
Leave a Comment
Leave a Comment
book an appointment