A prenuptial agreement or marriage contract - a phenomenon previously unknown is, over time, is gaining popularity in Kazakhstan.
In this article we will talk about what a marriage contract, what it is, what conditions it is possible to register, where to go and what documents are required.
A prenuptial agreement, or prenuptial agreement, as most citizens are sometimes accustomed to call it, is an agreement of
- persons planning to marry,
- or an agreement of spouses.
The prenuptial agreement is aimed at determining the property rights and obligations of each of the spouses, both in marriage and after its dissolution.
The rules and procedure for concluding a marriage contract are regulated by the articles of the Code "On Marriage (Matrimony) and Family" (Chapter 2 Contractual regime of property of spouses).
Since a prenuptial agreement is a bilateral transaction, which requires the will of the two parties, the rules of Chapter 4 of the Civil Code of the Republic of Kazakhstan ("Transactions") apply to it.
A prenuptial agreement may provide for the property rights of children born or adopted in a marriage (matrimony).
In order to change or terminate the marriage contract, the agreement of the spouses on this issue is required.
The agreement on the amendment or termination of the marriage contract is concluded in the same form as the marriage contract itself.
Amendments to the contract or its termination may be made at any time by mutual consent of the spouses.
The law does not allow only one of the spouses to refuse to perform the contract.
A marriage contract may be declared invalid by a court in whole or in part on the grounds of invalidity of transactions provided for by the Civil Code of the Republic of Kazakhstan.
The court may also invalidate the marriage contract in whole or in part at the request of one of the spouses, if the terms of the contract put this spouse in an extremely unfavorable position or violate the property rights of children born or adopted in this marriage (matrimony).
The validity of the marriage contract is terminated from the moment of termination of the marriage (matrimony).
If the contract provided for the obligations of the spouses after the divorce, such obligations remain in force after the dissolution of the marriage.
A prenuptial agreement can be drawn up both before entering into marriage, and for the entire time that the persons are married.
If the conclusion of the marriage contract is made before the registration of the marriage, it becomes valid at the time of the state registration of the marriage.
If the decision to conclude a marriage contract is made by spouses who are already married,then the moment of conclusion of such a contract is the moment of its certification by a notary.
The marriage contract is drawn up in writing, the text of the document must contain all the essential conditions under which the spouses came to an agreement.
The marriage contract must be certified by a notary.
If necessary, the notary will not only certify the marriage contract, but also help to draft it. Before certifying the marriage contract, the notary is obliged to explain to the spouses their rights and obligations, the meaning and meaning of the contract they conclude, and to warn them about the legal consequences of its conclusion.
In the marriage contract, the spouses have the right to determine
their rights and obligations under the mutual content
how to participate in revenue each other
the objection of their family expenses,
to determine the property to be transferred to each spouse in the event of termination of marriage (matrimony),
also included in the marriage contract of any other provisions concerning matrimonial property regimes and the financial situation of children born or adopted during the marriage (matrimony).
Since the marriage contract regulates the property relations between the spouses, then, therefore, the subject of the contract is the property, both joint and each of the spouses.
A prenuptial agreement can be concluded both in relation to the existing and future property of the spouses.
When entering into a marriage contract, it should be borne in mind that the following conditions cannot be included in it: