AZE.US
Spouses in Azerbaijan will be able to seek compensation for moral damages from one another if their personal rights are violated during marriage, according to new clarifications issued by the Supreme Court.
The guidance was provided in a December 24, 2025 Plenum resolution on the protection of personal rights. For the first time, the court подробно outlined how violations of non-property (personal) rights within family relationships may serve as grounds for claims of moral harm.
What Counts as a Violation
The Supreme Court emphasized that marriage involves not only property rights, but also personal rights. These include the right to equality between spouses, mutual respect and support within the family, and the freedom to choose one’s surname, profession, and occupation.
According to the clarification, actions that may constitute violations include:
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Physical or psychological domestic violence
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Coercion or sustained pressure
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Ignoring a spouse’s illness or failing to provide support during medical treatment
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Indifference toward a wife’s pregnancy
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Disclosure of personal or family secrets
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Humiliation of honor and dignity
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Abuse of the right to challenge paternity
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Entering into a sham (invalid) marriage
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Unlawful eviction from the shared residence
The court stressed that spreading private correspondence, information about intimate life, family matters, or the origin of children without a spouse’s consent may qualify as a breach of personal rights.
Paternity Disputes and Abuse of Rights
The ruling also addressed paternity disputes. If a man has raised and supported a child as his own and later biological paternity is disproven, the circumstances may affect his dignity and parental rights.
At the same time, filing a paternity challenge in bad faith or submitting clearly unfounded claims may itself constitute a violation of the spouse’s personal rights and potentially justify moral damages.
What Does Not Constitute a Violation
The court clarified that a spouse’s desire to divorce is not, in itself, a violation of rights. Exercising legal options such as property division or proposing a prenuptial agreement also remains lawful.
Certain actions taken after the factual breakdown of marital relations may not automatically give rise to claims for moral harm. Each case will be assessed individually.
Determining Compensation
When determining the amount of moral damages, courts will consider factors such as the length of the marriage, the spouses’ age and health, and their prospects for remarriage.
The Supreme Court underlined that only violations of personal (non-property) rights can directly justify compensation for moral harm. While breaches of property rights-such as failure to pay alimony-primarily create material damage, they may give rise to moral harm if they lead to serious consequences. For example, if non-payment of alimony results in a spouse being unable to receive necessary medical treatment and suffering health deterioration, moral damages may be considered.
The clarification marks a significant development in Azerbaijan’s family law practice, reinforcing that personal dignity within marriage is subject to legal protection.