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Home / RLA / Article 41. The content of the marriage contract of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Article 41. The content of the marriage contract of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 41. The content of the marriage contract of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

     1. By a marriage contract, the spouses have the right to change the regime of common joint ownership established by the laws of the Republic of Kazakhstan, to establish a regime of joint, shared or separate ownership of all the property of the spouses, its individual types or the property of each of the spouses.

     A prenuptial agreement can be concluded both with respect to the existing and future property of the spouses.

     In the marriage contract, the spouses have the right to determine their rights and obligations for mutual maintenance, ways of participating in each other's income, the procedure for each of them to bear family expenses; to determine the property that will be transferred to each of the spouses in the event of divorce, as well as to include in the marriage contract any other provisions relating to the property relations of the spouses, as well as the property status of children born or adopted in this marriage (matrimony).

     2. The rights and obligations provided for in the marriage contract may be limited to certain periods or made dependent on the occurrence or non-occurrence of certain conditions.

     3. A marriage contract may not limit the legal capacity or legal capacity of the spouses, their right to appeal to the court for protection of their rights; regulate personal non-property relations between the spouses, the rights and obligations of the spouses in relation to children; provide for provisions limiting the right of a disabled spouse in need to receive maintenance, and other conditions contrary to the basic principles of marriage and family legislation of the Republic of Kazakhstan.

 

 

 

 

  

  

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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