UZBEKISTAN PRENUPTIAL AGREEMENTS

The Family Code of Uzbekistan provides as follows:

Chapter 6. Contractual procedure of husband and wife's property

Article 29. Marriage contract

An agreement defining the property rights and obligations of married persons or husband and wife during their marriage and (or) in the event of separation of the husband and wife is considered a marriage contract.

Article 30. Marriage contract

A marriage contract can be concluded before the state registration of the marriage, as well as during the marriage.

The marriage contract concluded before the state registration of the marriage enters into force from the date of the state registration of the marriage.

The marriage contract is drawn up in writing and must be notarized.

Article 31. Content of the marriage contract

According to the marriage contract of the husband and wife, to change the procedure of joint common property established by law ( Article 23 of this Code), the procedure of joint, joint or separate ownership of all the property of the husband and wife, some of its types, or the property of each of the husband and wife. has the right to install.

A marriage contract can be concluded both in relation to the existing property of the husband and wife, and in relation to the future property.

In the marriage contract, the husband and wife shall determine their rights and obligations to provide mutual financial support, raise family expenses, participate in each other's income, enter into property contracts with other persons, engage in joint business activities, and determine the property that will be given to each of the husband and wife upon divorce. has the right to determine, as well as to include other rules on the property relations of a husband and wife in the marriage contract.

The rights and obligations provided for in the marriage contract may be limited to a certain period of time or depend on the occurrence or non-occurrence of certain conditions.

The marriage contract limits the legal capacity or legal capacity of the spouses, their right to appeal to the court for the protection of their rights, the regulation of personal property relations between the spouses, the rights and obligations of the spouses towards the children, the husband or wife who is in need of maintenance without being able to work. cannot take into account the rules limiting the rights of the wife, putting one of the husband and the wife in an extremely uncomfortable situation, or other conditions that contradict the norms of the family legislation.

Article 32. Changing and canceling the marriage contract

The marriage contract can be changed or canceled at any time with the agreement of the spouses. In the form in which the marriage contract was drawn up, its modification or annulment is carried out in the same form.

It is not allowed to unilaterally refuse to fulfill the marriage contract. A marriage contract may be changed or annulled by a court decision on the basis and procedure established by the Civil Code of the Republic of Uzbekistan at the request of one of the spouses .

The validity of the marriage contract also ends from the moment the marriage is terminated, with the exception of the obligations stipulated in the marriage contract for the period after the termination of the marriage.

Article 33. Declaring the marriage contract invalid

The marriage contract may be declared invalid in whole or in part by the court on the grounds provided for in the Civil Code of the Republic of Uzbekistan.

If the terms of the marriage contract contradict the requirements of the fifth part of Article 31 of this Code , the court may declare the marriage contract invalid in whole or in part at the request of one of the spouses.

Article 34. Directing the collection of rights to the property of the husband and wife

The recovery of the husband's (wife's) obligations can only be directed to his property. If this property is not enough, the creditor has the right to demand that the share of the debtor husband (wife) be separated from the common property of the spouses in order to focus the collection on the property of the spouse.

If the court determines that all items acquired under the husband's (wife's) obligations were used for family needs, the recovery of fees for the husband's (wife's) general obligations, as well as the husband's (wife's) obligations, shall be directed to the joint property of the spouses. If this property is not enough, the husband and wife shall be jointly liable for the specified obligations with the property belonging to each of them.

If the common property of the spouses has been found to be increased or increased by one of them on the account of money obtained through criminal means, the recovery of the fee may be applied to the common property of the spouses or a part of it accordingly.

Liability of husband and wife for damage caused by minor children is determined by civil law.

Article 35. Guarantees of creditors' rights when concluding, changing and canceling a marriage contract

A husband (wife) must inform his creditor (creditors) about entering into a marriage contract, changing it or canceling it. In case of non-fulfillment of this obligation, the husband or wife will be responsible for their obligations regardless of the content of the marriage contract.

The creditor (creditors) of the debtor husband (wife) have the right to change or cancel the terms of the marriage contract in accordance with the law due to a serious change in circumstances.

Article 36. Civil and contractual relations between husband and wife

Husband and wife have the right to mutually enter into all property-contractual relations allowed by law.

Agreements concluded between husband and wife aimed at limiting the rights of one of them are not considered valid.

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