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The Code of the Republic of Kazakhstan on Marriage (Matrimony) and Family
This Code determines purposes, objectives, principles and legal regulatory basis of marriage and family (matrimonial) relations, secure protection of rights and interests of a family, considering its development as priority direction of social state policy of the Republic of Kazakhstan.
GENERAL PART Article 1. Basic definitions, used in this Code 1. The following basic definitions shall be used in this Code: 1) acts of civil status - the legally executed circumstances that individualize a person and with whom the origin, existence and termination of his (her) rights and obligations is linked; 2) civil registration department (hereinafter - registering body) - a local justice agency carrying out the state civil registration; 3) an accreditation - an official recognition of the right of adoption agencies to carry out their activity by an authorized body in the scope of protection of children rights of the Republic of Kazakhstan; 4) alimony - a financial or material allowance, which is obliged to be provided by one person to other person, having the right to its receipt; 5) a child (children) left without a custody of parents (parent) - a child (children) that lost a custody of one or both parents, due to restriction or deprivation of their parental rights, recognition as missing, declaration as decedent, recognition as incapable or partially capable, service of sentence in the places of deprivation of freedom, avoidance of the child’s nurturing or protection of his (her) rights and interests, as well as with refusal to take a child from an educational or healthcare organization, as well as in other cases of absence of parental custody and that is in need for the security of required protection of his (her) rights and interests, provided by the Laws of the Republic of Kazakhstan; 6) an abandoned child (children) - a child, whose parent (parents) abandoned from his (her) further nurturing, education, material support by executing the relevant juridical documents; 7) establishment of paternity - establishment of paternity of a person, in respect of a child by registering body or in a judicial proceeding, if a person is not married to mother of the child; 8) a child (children) - a person under eighteen years of age (age of majority); 9) adoption - a legal form of transferring a child (children) into nurturing to family, on the basis of court decision that consequently emerges personal non-property and property rights and obligations, equating to the rights and obligations of the relatives by birth;10) adoption agencies - the non-commercial foreign organizations, carrying out activity on adoption of children in the territory of its state and accredited to carry out such activity in the territory of the Republic of Kazakhstan in the manner, established by this Code; 11) a childhood - a legal status of persons under the age of majority; 12) legal representatives of a child - parents (parent), adoptive parents, a trustee or a guardian, a foster parent and other persons, substituting them, carrying out care, education, nurturing, protection of rights and interests of a child, in accordance with the legislation of the Republic of Kazakhstan; 13) close relatives - parents (parent), children, adoptive parents, adopted children, brothers and sisters of the full and half blood, grandfather, grandmother, grandchildren; 14) a sham marriage (matrimony) a marriage (matrimony) contracted in the manner, established by the Law of the Republic of Kazakhstan, without intention of spouses or one of them to create a family; 15) identification document - a tangible object of a standard form with information on private data of an individual, attached on it, permitting to confirm a personality and legal status of its owner for the purpose of evidence of identification; The identification documents include the documents, mentioned in paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan «On identification documents»; 16) legal relation - a relationship between one of the spouses towards the close relatives of the other spouse; 17) an orphan child (children-orphans) - a child (children), whose parents or one of the parents died; 18) authorized body in the scope of protection of children’s rights - the central executive body, determined by the Government of the Republic of Kazakhstan; 19) guardianship - a legal form of protection of the child’s (children’s) rights and interests at the age from fourteen to eighteen, as well as persons of the full legal age, restricted in legal capacity by court as a result of inordinate drinking or narcotic drugs abuse; 20) a child (children) being in a difficult period of life - a child (children), whose vital activity is broken as a result of existing circumstances and that is not able to overcome these circumstances by himself (herself) or with the help of family; 21) a trusteeship - a legal form of protection of the rights and interests of children under the age of fourteen years and persons, recognized incapable by court; 22) a trustee or a guardian - a person appointed to carry out the functions on trusteeship or guardianship, in the manner, established by the Law of the Republic of Kazakhstan; 23) assisted reproductive methods and technologies - a complex of medical arrangements on diagnostics, treatment and rehabilitation, oriented to correction of reproductive activity of citizens; 24) financial condition - existence or absence of job wages, pension, other incomes; their amount; existence of property; receipt or non-receipt of financial support from other family members; 25) treaty regime of property - property regime of spouses, established by the marriage contract; 26) a marriage (matrimony) - a union with equal rights between a man and a woman, concluded with free and full agreement of parties, in the manner, established by the Law of the Republic of Kazakhstan with the purpose of creating a family, creating property and personal non-property rights and obligations between the spouses; 27) marriage (matrimonial) age - the age, established by this Code, at which a person shall have the right to enter into marriage (matrimony); 28) a sole mother - a woman that gave a birth to child (children), but not married, registered in the registering bodies; 29) a family - a scope of persons, linked by the property and personal non-property rights and obligations, emerging from marriage (matrimony), affinity, legal relation, adoption or other form of adoption of children on care, and called to strengthening and development of family relations; 30) a marital status - a marriage (matrimony) or a single state, or a dissolution of marriage (matrimony), widowhood, existence or absence of children or other family members; 31) a foster care - a form of nurturing, whereby children-orphans, children left without a custody of parents (parent) shall be transferred into foster care to the families under a contract, concluded by authority body, carrying out the functions on trusteeship and guardianship, and by the person that expressed desire for taking care of a child (children); 32) reproductive health - a human health, reflecting his (her) ability to reproduce full-fledged descendants; 33) a surrogate mother - a woman, carried a child after application of assisted reproductive methods and technologies and giving a birth of a child (children) for customers, according to surrogacy contract; 34) surrogate motherhood - a carrying and birth of a child (children), including the cases of castling births under the contract between surrogate mother and spouses with the remuneration payment; 35) surrogacy contract - a notarized written agreement between married persons (in matrimony) willing to have a child, and a woman that gave her agreement to carry and give a birth to a child by the application of assisted reproductive methods and technologies; 36) relatives - persons being in the kinship, having common ancestors to the great grandfather and great grandmother. 2. The definitions «child (children)» and «child», «parents (parent)» and «parents», «spouses (husband, wife)» and «spouses» shall be equal, unless otherwise provided by this Code.
Article 2. Basis of marriage and family legislation of the Republic of Kazakhstan 1. The marriage (matrimony) and family, motherhood, paternity and childhood shall be under the state protection. 2. The marriage and family legislation of the Republic of Kazakhstan shall be based on the principles of: 1) voluntariness of marriage (matrimonial) union between a man and a woman; 2) equality of marriage and family rights in family; 3) inadmissibility of arbitrary interference by someone in the family affairs; 4) solution of intra family’s issues by the mutual agreement; 5) priority of the family nurturing of children, carrying for their development and prosperity; 6) priority protection of rights and interests of minors, elderly and disabled members of family;7) securing of unimpeded exercise of the rights by members of family, possibility of judicial protection of these rights; 8) wellness maintenance of all family members; 3. The marriage (matrimony) concluded only by state bodies shall be admitted. The marriage (matrimony), concluded by religious rites and ceremonies shall not be equated to the marriage (matrimony), registered in the registering bodies and shall not create the relevant legal consequences. The factual cohabitation of a man and a woman, as well as persons of the same sex shall not be recognized as the marriage (matrimony). 4. Any forms of restriction of the rights of citizens during contracting marriage (matrimony) based on origin, social, official and property position, race, nationality, language, treatment of religion or any other circumstances shall be forbidden. In marriage and family (matrimonial) relations, the rights of citizens may be restricted only on the basis of the Law and only inasmuch as this is necessary for the purpose of protection of constitutional system, public order, rights and freedom of a person, health and morality of population.
Article 3. Relations regulated by marriage and family legislation of the Republic of Kazakhstan The marriage and family legislation of the Republic of Kazakhstan shall: 1) establish the rights and obligations, property and personal non-property relations between family members such as spouses, parents and children, and between other relatives and other persons in cases and within the limits, provided by the marriage and family legislation of the Republic of Kazakhstan; 2) establish conditions and procedure for contracting a marriage (matrimony), termination of marriage (matrimony) and recognition of its invalidation; 3) determine the forms and procedure for placing children-orphans and children left without a custody of parents in family; 4) regulate procedure for the state registration of acts of civil status; 5) determine the functions of the state bodies, carrying out the state registration of acts of civil status.
Article 4. Marriage and family legislation of the Republic of Kazakhstan 1. The marriage and family legislation of the Republic of Kazakhstan shall be based on the Constitution of the Republic of Kazakhstan; consists of this Code, other regulatory legal acts of the Republic of Kazakhstan. 2. If an international treaty, ratified by the Republic of Kazakhstan established other rules than those contended in this Code, the rules of international treaty shall be applied.
Article 5. Execution of civil legislation of the Republic of Kazakhstan to marriage and family (matrimonial) relations 1. The civil legislation of the Republic of Kazakhstan shall be executed to the property and personal non-property relations between family members, mentioned in Article 3 of this Code, not regulated by the marriage and family legislation of the Republic of Kazakhstan, insofar as it is not inconsistent with the essence of marriage and family (matrimonial) relations. 2. Regulations of marriage and family and (or) civil legislation of the Republic of Kazakhstan, regulating similar relations (analogy by the Law) shall be applied, in cases when relations, provided by Article 3 of this Code are not directly regulated by the legislation of the Republic of Kazakhstan or by the agreement of parties and there are no rules, practiced for them, insofar as it is not inconsistent with their essence. In case of impossibility to use the analogy by the Law in required cases, the rights and obligations of the subjects of marriage and family (matrimonial) relations shall be determined proceeding from the common principles and meaning of marriage and family or civil legislation of the Republic of Kazakhstan and requirements of conscientiousness, rationality and justice (analogy by the Law), as well as in compliance with the principles of operation of the Law in time, space and scope of persons.
Chapter 2. EXERCISE AND PROTECTION OF MARRIAGE AND FAMILY (MATRIMONIAL) RIGHTS Article 6. Exercise of rights and obligations in marriage and family (matrimonial) relations Citizens shall dispose the rights, belonged to them, emerging from the marriage and family (matrimonial) relations, including the right to protect these rights, at their own convenience, unless otherwise provided by the legislative acts of the Republic of Kazakhstan. The exercise of marriage and family (matrimonial) rights and fulfillment of obligations shall not violate the rights, freedom and legal interests of other family members and other legal entities.
Article 7. Protection of marriage and family (matrimonial) rights Protection of marriage and family rights shall be carried out by court by the rules of civil procedure. In cases, provided by this Code, the protection of marriage and family (matrimonial) rights shall be carried out by state bodies, within their competence and in the manner, provided by this Code. The application for protection of violated right to governing body or managing authority shall not prevent the reference to the court with a claim on right protection.
Article 8. Application of the limitation of action in marriage and family (matrimonial) relations 1. The limitation of action shall not be extended to requests, emerged from marriage and family (matrimonial) relations with the exception of cases, when the term for protection of violated right is established by this Code. 2. During the application of rules, establishing a limitation of actions, in consideration of disputes, emerged from marriage and family (matrimonial) relations, a court shall govern by the standards of the Civil Code of the Republic of Kazakhstan.
Article 9. Conditions of conclusion of marriage (matrimony) 1. Conclusion of marriage (matrimony) requires free and complete agreement of a man and a woman, entering into marriage (matrimony) and their attainment of marriage age. 2. Marriage (matrimony) may not be concluded in existence of circumstances, mentioned in Article 11 of this Code.
Article 10. Marriage age 1. Marriage age shall be established for men and women at eighteen years of age. 2. At the place of state registration of conclusion of marriage, registering bodies may reduce marriage (matrimonial) age for a term of not less than two years in existence of following reasonable excuses: 1) pregnancy; 2) birth of common child. 3. Request on reducing marriage (matrimonial) age may be submitted by persons, willing to enter into marriage (matrimony) and their parents or guardians, specifying the reasons, making it necessary to reduce established marriage (matrimonial) age. 4. Reduce of marriage age shall be allowed only upon the agreement of persons entering into marriage (matrimony). 5. Marriage (matrimony) between persons, not attained marriage (matrimonial) age, or a person, attained marriage (matrimonial) age with a person, not attained marriage (matrimonial) age shall be allowed only with a written agreement of parents or guardians of the persons, not attained marriage (matrimonial) age.
Article 11. Persons, the conclusion of marriage (matrimony) of whom is not allowed Conclusion of marriage (matrimony) shall not be allowed between: 1) persons of the same sex; 2) persons, at least one of whom is married; 3) close relatives; 4) adoptive parents and adopted children, children of adoptive parents and adopted children; 5) persons, at least one of whom is recognized incapable as a consequence of mental disease or dementia by enforced court decision.
Article 12. Medical checkup of persons, entering into marriage (matrimony) 1. Public health organizations shall provide counseling and checkup, on medical as well as medicogenetic issues and issues of reproductive health services of the persons, willing to enter into marriage (matrimony) only by their mutual agreement. 2. The results of medical checkup of a person entering into marriage shall be a medical secrecy and may be reported to a person, with whom it intends to conclude marriage (matrimony) only upon the agreement of a person who passed the checkup. Exceptions shall apply in cases, when a person entering into marriage has a disease that creates a threat of health to another person entering into marriage (matrimony).
Article 13. Procedure for conclusion of marriage (matrimony) 1. Marriage (matrimony) shall be concluded in registering bodies or in especially dedicated state wedding registry offices, by the personal presence of persons entering into marriage (matrimony). In exceptional cases (serious disease, being under arrest or in places of deprivation of freedom), when one of persons, willing to enter into marriage (matrimony) may not come to the registering body, the state registration of conclusion of marriage shall be performed at home, in a healthcare or other organization in the presence of persons entering into marriage (matrimony) with the obligatory coordination with administration of a relevant organization. 2. Conclusion of marriage (matrimony) shall be performed upon expiry of a monthly term from the date of submission of the application to a registering body by those, willing to enter into marriage. In existence of legitimate reasons that are duly documented, a registering body may reduce or increase this term, at the place of state registration of conclusion of marriage (matrimony). In existence of special circumstances (pregnancy, birth of a child, immediate danger to life of one of parties and other special circumstances), the state registration of conclusion of marriage (matrimony) shall be performed on a day of filing of the application, at the wish of those who enter into marriage (matrimony). 3. The state registration of conclusion of marriage (matrimony) shall be performed in the manner, prescribed by this Code. 4. Refusal of the state registration of conclusion of marriage (matrimony) by registering body, may be appealed to the court by persons, willing to enter into marriage (matrimony) or one of them, as well as by their legal representatives.
Chapter 4. TERMINATION OF MARRIAGE (MATRIMONY) Article 14. Termination of marriage (matrimony) Termination of marriage (matrimony) shall be a termination of legal relations between spouses, in consequence of circumstances beyond their control (death, declaration of one of them as decedent or recognition as missing) or in consequence of activities on individual initiative both of two, as well as one of spouses by dissolution of marriage (matrimony) in the manner, prescribed by this Code. Termination of marriage (matrimony) between spouses shall not suspend and terminate legal relations between parents and children, born or adopted in this marriage (matrimony).
Article 15. Termination of marriage (matrimony) in consequence of death of one of spouses, his (her) declaration as decedent by court or recognition as missing 1. Marriage (matrimony) shall be terminated in consequence of death of one of spouses, as well as his (her) declaration as decedent by court or recognition as missing. 2. In case of appearance of a spouse, declared decedent or recognized as missing by court and in case of reversal of the relevant juridical decisions, a marriage (matrimony) may be reinstated by registering body with the joint application of spouses. 3. Marriage may not be reinstated if other spouse has entered into new marriage (matrimony), with the exception of cases, when at the moment of conclusion of marriage (matrimony) the parties (or one party) knew that the spouse, recognized as missing or declared decedent is alive.
Article 16. Dissolution of marriage (matrimony) 1. Marriage (matrimony) may be terminated by its dissolution upon the application of one or both of spouses, as well as upon the application of trustee of a husband (a wife), who recognized by court incapable. 2. Dissolution of marriage (matrimony) is impossible without the agreement of a wife during her pregnancy and within the first year of child’s life.
Article 17. Dissolution of marriage (matrimony) in registering bodies 1. Dissolution of marriage (matrimony) shall be performed in registering bodies, by the mutual agreement to dissolution of marriage (matrimony) of spouses, who have no common minors, and in the absence of property and other complaints to one another. 2. Independently from existence of minors of the spouses, the marriage (matrimony) shall be dissolved in registering bodies upon the application of one of the spouses if the other spouse is: 1) recognized as missing by the court; 2) recognized incapable; 3) recognized partially capable; 4) convicted of committing a crime to deprivation of freedom for a term of not less than three years. 3. The state registration of dissolution of marriage (matrimony) shall be performed by registering body in the manner, prescribed by this Code.
Article 18. Consideration of disputes, emerged between spouses during dissolution of marriage (matrimony) Disputes in respect of joint property division, financial support for disabled spouse, as well as for minors, arising between the spouses in during dissolution of marriage (matrimony) shall be considered in a judicial proceeding.
Article 19. Dissolution of marriage (matrimony) in a judicial proceeding 1. Dissolution of marriage (matrimony) shall be performed in a judicial proceeding, if it is found that the further cohabitation and family preservation is not possible. 2. Dissolution of marriage (matrimony) in a judicial proceeding shall be performed in the following cases: 1) existence of common minors, with the exception of cases provided by paragraph 2 of Article 17 of this Code; 2) absence of agreement of one of spouses to dissolution of marriage (matrimony); 3) if one of the spouses evades the dissolution of marriage (matrimony) by actions or omissions, in spite of the absence of objections; 4) existence of property and other claims to one another. 3. Dissolution of marriage (matrimony) shall be performed in a judicial proceeding upon expiry of one month from the date of filing the application on dissolution of marriage (matrimony) to the court by spouses. 4. In exceptional cases, a court shall have the right to dissolve marriage (matrimony) before expiration of the term, mentioned in paragraph 3 of this Code.
Article 20. Dissolution of marriage (matrimony) in a judicial proceeding in the absence of agreement of one of spouses to dissolution of marriage (matrimony) In the absence of agreement of one of spouses to dissolution of marriage (matrimony), a court shall have the right to use efforts for reconciliation of spouses and adjourn examination of the case, fixing a time limit within six months. In case of adjournal of examination of the case with specifying the time for reconciliation, a court shall decide the issues, provided by subparagraphs 2) and 4) of paragraph 2 of Article 22 of this Code, at the suit of one of the spouses. Dissolution of marriage (matrimony) shall be performed, if the measures for reconciliation of spouses proved to be issueless and the spouses (or one of them) insist on dissolution of marriage (matrimony).
Article 21. Dissolution of marriage (matrimony) in a judicial proceeding on other grounds 1. In the absence of mutual agreement to dissolution of marriage (matrimony) of spouses, having common minors and in the absence of property or other complaints to one another, a court shall have the right to dissolve marriage (matrimony) without establishing the motives of dissolution of marriage (matrimony). 2. If in the absence of property complaints to one another, one of the spouses, having common minors, files an application on dissolution of marriage (matrimony) and the other spouse, in spite of absence of complaints, evades from the dissolution of marriage (matrimony) by actions and omissions, a court shall have the right to dissolve marriage (matrimony) without explanation of reasons of dissolution of marriage (matrimony).
Article 22. Issues, solved by court during rendering of decision on dissolution of marriage (matrimony) 1. During dissolution of marriage (matrimony) in a judicial proceeding, the spouses may subject the agreement to consideration of court, with whom of spouses minors will live, the order of payment of funds for maintenance of children and (or) disabled and indigent spouse, the amounts of these payments or on partition of common property of spouses. The last name selection after dissolution of marriage (matrimony) shall be solved by spouses at the state registration of dissolution of marriage (matrimony). 2. If there is no agreement between spouses on the issues, mentioned in paragraph 1 of this Article as well as if it is established that this agreement violates the interests of children or one of the spouses, court shall be obliged to: 1) decide with whom of the parents, the minors will live after dissolution of marriage (matrimony); 2) decide which of the parents and in which amount of allowance will pay the alimony for maintenance of children; 3) perform the partition of common property after demand of spouses, being in their joint property, in recognition of the interests of minors and (or) interests of the spouses; 4) decide the amount of allowance, after demand of a spouse, having the right for receipt of allowance from another spouse. 3. In case, the partition of property concerns the interests of third parties, the court shall have the right to appropriate the demand on partition of property to the separate proceeding.
Article 23. Moment of termination of marriage (matrimony) at its dissolution 1. Marriage (matrimony), dissolved in registering bodies shall be terminated from the date of the state registration of dissolution of marriage (matrimony) in a civil register, and during dissolution of marriage (matrimony) in court - from the date of enforcement of judicial decision on dissolution of marriage (matrimony). Court is obliged to submit the copy of court decision to a registering body at the place of rendering of decision within three days from the date of enforcement of judicial decision on dissolution of marriage (matrimony) as well as at the place of the state registration of conclusion of marriage (matrimony). 2. The enforced court decision on dissolution of marriage (matrimony) shall be subject to the state registration in registering bodies, at the place of rendering of the court decision or at place of residence of one of spouses. Spouses shall not have the right to conclude a new marriage (matrimony) before receiving the certificate on the former dissolution of marriage (matrimony).
Article 24. Consequences of termination of marriage (matrimony) By the termination of marriage (matrimony), the property and personal non-property rights and obligations of spouses, emerged from their marriage and family (matrimonial) relations shall be terminated, with the exception of the cases, provided by this Code.
Chapter 5. INVALIDITY OF MARRIAGE (MATRIMONY) Article 25. Recognition of marriage as invalid 1. Marriage (matrimony) shall be recognized invalid by court under violation of conditions, established by Articles 9-11 of this Code, as well as in the following cases: 1) during conclusion of sham marriage (matrimony); 2) during conclusion of the forced marriage (matrimony); 3) if one of the persons, entered into marriage (matrimony) concealed existence of disease, creating a real danger to members of created family, personal and public safety from another. 2. Court shall be obliged to send the statement from this court decision to the a registering body, at the place of the state registration of conclusion of marriage (matrimony) within three days from the date of enforcement of the court decision on recognition of marriage (matrimony) as invalid. 3. Marriage (matrimony) shall be recognized invalid from the date of its conclusion.
Article 26. Persons, having the right to require recognition of marriage (matrimony) as invalid 1. The following persons shall have the right to submit request on recognition of marriage (matrimony) as invalid: 1) a minor spouse, his (her) legal representatives or a prosecutor, if a marriage (matrimony) is concluded with a person, not attained marriage (matrimonial) age; 2) a spouse, whose rights are offended by conclusion of marriage (matrimony), as well as a prosecutor, if a marriage (matrimony) is concluded in the absence of willful agreement of one of the spouses for its conclusion, in consequence of concussion, artifice, ignorance or impossibility to conceive the significance of his actions and control them, on the strength of condition at the moment of state registration of conclusion of marriage (matrimony); 3) a spouse, who didn’t know on existence of circumstances, precluding conclusion of marriage (matrimony), trustee of a spouse, recognized incapable, a spouse on a previous undissolved marriage (matrimony); 4) a prosecutor, as well as a spouse, who didn’t know about shame of marriage (matrimony) in case of conclusion of sham marriage (matrimony); 5) a spouse, whose rights are violated in existence of circumstances, mentioned in subparagraph 3 of paragraph 1 of Article 25 of this Code. 2. During consideration of the case on recognition of marriage (matrimony) as invalid, concluded with a person, not attained marriage (matrimonial) age, as well as with a person, recognized incapable by court, authority body, exercising the functions of trusteeship and guardianship shall be involved to participation in this case.
Article 27. Circumstances, removing invalidity of marriage (matrimony) 1. If by the time of consideration of the case on invalidity of marriage (matrimony), the circumstances preventing conclusion of marriage (matrimony) are ceased, a court shall have the right to accept a marriage (matrimony) as valid thereafter. 2. A court may reject a suit on recognition of marriage (matrimony) as invalid, concluded with a person, not attained marriage (matrimonial) age, if it is required by the interests of a minor spouse, as well as in the absence of his (her) agreement to recognition of marriage (matrimony) as invalid. 3. Court may not accept a marriage (matrimony) as valid, if persons, registered this marriage (matrimony) created a family in fact, before judicial consideration of the case. 4. Marriage (matrimony) may not be recognized invalid after its dissolution, with the exception of cases of existence of close relationships between spouses, or when one of the spouses is in the other undissolved marriage (matrimony) at the moment of the state registration of marriage (matrimony).
Article 28. Consequences of recognition of marriage (matrimony) as invalid 1. Marriage (matrimony), recognized invalid by court, shall not engender the rights and obligations of spouses, provided by this Code, with the exception of cases established by paragraphs 4 and 5 of this Article. 2. A legal regime of property, acquired jointly by persons, whose marriage (matrimony) is recognized invalid, shall be regulated by the standards of the Civil Code of the Republic of Kazakhstan. In this case, a marriage contract, concluded between spouses shall be recognized invalid. 3. Recognition of marriage (matrimony) as invalid shall not prejudice the rights of children, born in this marriage (matrimony) or within two hundred and eighty days from the date of recognition of marriage (matrimony) as invalid. 4. During rendering of decision on recognition of marriage (matrimony) as invalid, a court shall have the right to declare the right to receive financial support by a spouse (spouse in good faith), who didn’t know the circumstances being the ground for recognition of marriage (matrimony) as invalid during conclusion of marriage (matrimony) from the other spouse in accordance with Articles 148 and 149 of this Code, and in respect of division of property, acquired jointly before recognition of marriage (matrimony) as invalid, shall have the right to apply provisions, established by Articles 33, 37 and 38 of this Code, as well as accept a marriage contract as valid fully or partially. A spouse in good faith shall have the right to seek for the compensation of caused material and moral damage from the other spouse in accordance with the Civil Code of the Republic of Kazakhstan. 5. During recognition of marriage (matrimony) as invalid, a spouse in good faith shall have the right to preserve a last name, chosen by him in the course of the state registration of conclusion of marriage (matrimony). Chapter 6. PERSONAL RIGHTS AND OBLIGATIONS OF SPOUSES
Article 29. Origin of rights and obligations of spouses The rights and obligations of spouses shall be created from the date of the state registration of conclusion of marriage (matrimony).
Article 30. Equality of spouses in family 1. Spouses shall have equal rights and incur equal obligations. 2. Each of spouses shall be free in choice of business occupation, professional occupation and religion. 3. Issues of motherhood, paternity, nurturing, education of children, place of residence, place of temporary residence and other issues of family life shall be jointly solved by spouses. 4. Spouses shall be obliged to build their relationships relying on a mutual respect and assistance, make a contribution to prosperity and strengthening of family, to be careful of health, development and possessions of children.
Article 31. Right of choice of last name by spouses 1. In the course of conclusion of marriage (matrimony), spouses shall choose the last name of one of them as common last name at their own wish, or each of spouses preserve their premarital last name, or one of them (or both) combines his (her) last name to the last name of the other spouse. The combining of last names shall not be allowed, if the premarital last name of one of spouses is already compound.
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