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Article 28. Consequences of invalidation of marriage (matrimony) of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan
1. A marriage (matrimony) declared invalid by a court does not give rise to the rights and obligations of spouses provided for in this Code, with the exception of the cases established by paragraphs 4 and 5 of this Article.
2. The legal regime of property acquired jointly by persons whose marriage has been declared invalid is regulated by the norms of the Civil Code of the Republic of Kazakhstan. In this case, the marriage contract concluded by the spouses is considered invalid.
3. The recognition of a marriage (matrimony) as invalid does not infringe on the rights of children born in such a marriage (matrimony) or within two hundred and eighty days from the date of recognition of the marriage (matrimony) as invalid.
4. When making a decision to declare a marriage (matrimony) invalid, the court has the right to recognize for a spouse who, at the time of the marriage (matrimony), was not aware of the circumstances that are the basis for declaring the marriage (matrimony) invalid (a bona fide spouse), the right to receive maintenance from the other spouse in accordance with Articles 148 and 149 of this Code, and with respect to the division of property acquired jointly before the marriage (matrimony) was declared invalid, the provisions established by Articles 33, 37 and 38 of this Code may be applied., and also to recognize the marriage contract as valid in whole or in part.
A bona fide spouse has the right to demand compensation for material and moral damage caused to him from the other spouse in accordance with the Civil Code of the Republic of Kazakhstan.
5. A bona fide spouse has the right, upon recognition of marriage (matrimony) as invalid, to keep the surname chosen by him during the state registration of marriage (matrimony).
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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