Marriage contract

Marriage contract is a matrimonial property regime agreement between spouses. A marriage contract is recognized as an agreement of persons, entering into a marriage or agreement of spouses, defining property rights and responsibilities of spouses in marriage or in the event of its dissolution. (Article 29 of the Family Code of the Republic of Uzbekistan).

                Marriage contract “contract” is an ordinary transaction, which may be challenged at court both by parties to the agreement and other interested parties.

                The purpose of the marriage contract is to define the matrimonial property regime by agreement of parties. Enacted family code of the Republic of Uzbekistan (Articles 29-36 of the Family code of the Republic of Uzbekistan) definitized this provision, gave the concept to the marriage contract, defined the main order for its conclusion, amendment and termination.

                Under a marriage contract, spouses have the right to change the common property regime established by law, by establishing a regime of common, business and separate property on all property of spouses, to its separate types or on the property of each spouse. Under the marriage contract, spouses have the right to define their rights and obligations on mutual allowance, incurrence of family expenditure, participation in each others profits, determine property, which will be sold to each spouse in case of marriage dissolution, also include other provisions in the marriage contract that concern property relations of spouses.

                Marriage contract relates to transactions, which may be executed only in person, not permitted to execute the contract thought representatives.

                In practice, marriage contracts are concluded, as a general rule, in relation to property, subject to state or other special registration. Common property regime shall be in force, in relation to property not named in the marriage contract. Marriage contract can be terminated or amended at any time by agreement between spouses, this procedure is performed in the same way as execution of a marriage contract. Unilateral refusal in performance of the marriage contract is not permitted. Validity of the marriage contract shall be terminated as from the date of marriage dissolution, except for those obligations, which are set forth in the marriage contract for the period after termination of marriage.

Advantage in marriage contract is that there is a clear understanding between spouses about what property belonged to whom, under the right of personal property, before marriage and after its dissolution. Marital property boundaries are defined between spouses, by leaving a possibility for friendly relations after marriage dissolution, also disadvantages exist, such as: impossibility to foresee all circumstances of their joint life.

The scope of marriage contract can be extremely wide. Responsibility for compliance of the marriage contract with the law is laid on the notary certifying the agreement. Responsibility for compliance of such contract with the rules of morality is laid only on spouses. The worst that could be revealed, is that one party was unlawfully forced to sign the contract.

Despite the apparent simplicity of the marriage contract at first glance, legitimacy of marriage agreement may be challenged, recognition of the marriage contract as invalid, fully or partially, on the grounds set forth by the Civil Code of the Republic of Uzbekistan.  Court may declare a marriage contract as null and void, in whole or in part, at the request of any one spouse, if the contractual conditions fails to satisfy the requirements of Article 31 Family Code of the Republic of Uzbekistan, providing for the content of the marriage contract.

Spouses have the right to enter into any, permitted by the law, property and contractual relations. Invalid are those agreements between spouses, which aim at restricting the rights of any one spouse.

Our country has little common practice in marriage contracts. However, wisely and correctly written contract that meets all requirements of the law does not guarantee rational organization of the regime of property, acquired by spouses within marriage.