Uzbekistan: On the treaty of marriage again

Tashkent Women's Resource Centre
There is an opinion that conclusion of the treaty of marriage predetermines the fact that the couple will eventually get divorced.
However, the goal of the marriage contract is the other way round – the strengthening of marital relations. It witnesses that the couple have weighed all the pros and cons and made up their minds before getting married.
The laws do not restrict the sides in their aspirations and desires granting them the right to establish the regime of the joint, shared or separate property for all belongings of each of the spouses.

However, conclusion of the treaties of marriage must not serve as a means of groundless enrichment as it is concluded on the voluntary basis, without violation of rights and interests of spouses. The notary's certificate is envisaged to avoid the treaties from becoming one-sided treaties or having some other illegal character.

When the treaty of marriage is of an obviously illegal nature, the notary has the right to cancel the certification of the treaty of marriage.

Conclusion of the treaty of marriage is a novelty in the family legislation; therefore, no long-term practice has given root as yet. This is why it is reasonable for those wishing to conclude such a treaty to get the advice of experienced lawyers. This will help the couple to avoid conflicts and save money.

In the treaty of marriage the spouses have the right to determine the rights and obligations on mutual maintenance, bearing family expenditures, participation in incomes of each other, conclusion of property contracts with the third persons, joint business activities, determine the property, which will be given to each spouse should the divorce take place, because it is much arrive at a conclusion on the separation of property before the case reaches the court. The treaty of marriage is, in effect, a conclusion of the civil-legal contract; therefore, all norms and demands used in the civil legislation are applicable to it.

The law may completely or partly adjudicate as invalid the treaties of marriage in cases envisaged by the Civil Code of the Republic of Uzbekistan. The conclusion of the treaty of marriage is not final; it can be changed, amended or canceled on the agreement of sides. Taking into account that the treaty of marriage is to be registered by the official bodies, the consequent changes in it should be registered in these bodies. If the spouses fail to reach an agreement, their dispute must be considered at court, after which the treaty of marriage can be changed or cancelled. The law prohibits a unilateral cancellation of the treaty of marriage.

The law does not restrict the time of the treaty of marriage. So, the spouses canconclude this contract for a certain period or without time limit.

Proceeding from the laws of the Family Code of the Republic of Uzbekistan, the conclusion of the treaty of marriage is not an obligatory condition for the conclusion of marriage. The sides should express their free will for the conclusion of this treaty. However, if they have not concluded such a treaty, their property relations will be regulated by general conditions of the Family laws on mutual property.

Irina Baeva, a judge of the city court on common plea.