Under article 41 of the Code of the marriage contract the spouses are entitled to alter the established laws RK joint ownership regime, set the joint, shared or separate ownership of all property of the spouses, in his individual species or on the property of each spouse. Thus, a prenuptial agreement applies only to property or personal sharing, present or future, as well as operations with him.

Division of property in case of divorce, despite the prevalence of the erroneous opinion is rarely the main cause of the marriage contract, as the subject of a prenuptial agreement can be a wide range of property management.

A marriage contract spouses are entitled to :

• determine their rights and obligations under the mutual content ;
• ways to participate in income each other ;
• objection procedure each of their family expenses ;
• determine the property to be transferred to each of the spouses in case of divorce ;
• any other provisions concerning property relations of the spouses;
• property status of children born or adopted during the marriage.

Spouses are entitled to establish their property regime total joint, shared or separate property or to combine them with respect to certain types of property. The property is not mentioned in the contract, obey the law generally established regime.

It is worth considering that the rights and obligations stipulated in the marriage contract, may be limited to a specified period or be made dependent on the occurrence or non-occurrence of certain conditions. For example, a child after his parents' divorce may obtain property only 18 years to achieve, if it was specified in the contract or other conditions at the discretion of the couple.

Since marriage is a contract applies to regulation of property interests, respectively, it is impossible to specify certain conditions otherwise.

According to paragraph 3 of Article 41 of the Code prenuptial agreement may not :

• restrict the legal capacity or the capacity of the spouses, their right to appeal to the courts for protection of their rights ;
• regulate the moral relations between spouses, the rights and responsibilities of spouses with regard to children;
• include provisions restricting the right of incapable spouse to maintenance;
• other conditions that are contrary to the principles of marriage and family legislation of Kazakhstan.

This means that by law, with the help of a marriage contract, you can not fix the rules of the household chores, behavior with children in marriage and in the event of divorce (time and duration of meetings - as an example), the joint aspects of intimate life.

A prenuptial agreement is in writing and is subject to mandatory notarization.

For the marriage contract both spouses need to visit the notary, you should have

• Marriage certificate.
• Identity document of each spouse.
• Documents of title to the property, if the contract is in relation to existing property, and any other documents necessary for registration of property transactions (Provision of information on absence (availability) of immovable property, Providing information on registered and discontinued rights for the real estate, Provision of information on registered titles (encumbrances) for immovable property and its technical characteristics).

A prenuptial agreement can be amended or terminated at any time by joint agreement. Agreement amendment or termination of the marriage contract is like the marriage contract itself, ie a notary and the obligatory presence of both spouses with identity documents and documents of title to real estate.

Not allowed unilateral refusal to perform the marriage contract, its terms must necessarily perform both spouses. You can also change or terminate the marriage contract by a court if the agreement together could not be reached.

Action marriage contract terminated with the termination of the marriage, except for those obligations that are set by the marriage contract for the period after the termination of the marriage. This means that after the divorce, a prenuptial agreement becomes null and void and shall be valid only for the conditions spelled out in the agreement for the division of property in cases of divorce.

A prenuptial agreement may be declared invalid by the court in whole or in part on the grounds of invalidity of transactions.

Grounds for invalidity of transactions:

1. Void transaction made without obtaining the required license or after the expiration of the license.
2. Void transaction, pursuing goals unfair competition or
3. Void transaction which a person under fourteen years of age (minor), except for the transactions provided for in Article 23 of this Code.
4. A transaction concluded by minors under the age of fourteen years, without the consent of his legal representatives, except for the transactions which he is entitled by law to make their own, may be declared invalid on the claim legal representatives. The provisions of this Article shall not apply to transactions minors recognized in accordance with this Code completely capable (paragraph 2 of Article 17, Article 22-1 of this Code.)
5. Void transaction made by a person recognized as incapable due to mental illness or dementia. Transaction by a citizen, subsequently recognized as incapable (Article 26 of this Code), may be declared invalid on the claim of his guardian, if it is proved that in the time of the transaction that citizen was in a state of mental disorder.
6. At the request of the trustee, the court may invalidate the transaction made by a person in a court of limited capacity.
7. Transaction by a citizen, although capable, but is in a time of the transaction in such a state that he could not understand his actions or control them, may be declared invalid on the claim of the citizen, but if during the life of the citizen was not possible for a claim after the death of the citizen - the suit of other stakeholders.
8. Transaction made by error of significant importance, may be declared invalid on the suit hand, acted under the influence of delusion. Is essential misconception about the nature of the transaction or the identity of such qualities of its subject, which significantly reduces the possibility of its use for other purposes. Misleading motives may serve invalidity of the transaction only if the inclusion of such a motive in its content as a suspensive or resolutive condition (Article 150 of the present Code).

If confusion was caused by gross negligence or participant in the transaction of its business risks covered, the court in the circumstances and interests of another party in a lawsuit is entitled to refuse to recognize the transaction invalid.

9. Transaction made under the influence of fraud, violence, threats, as well as transaction which a person was forced to make due to the exceptional circumstances extremely unfavorable conditions than the other party took advantage (bondage transaction) may be declared invalid on the claim of the victim.
10. Transaction entered into as a result of malicious agreement representative of one party to the other party, may be declared invalid on the claim of the injured party. Compensation for losses incurred by the injured party (Article 9, paragraph 4 of the present Code), in the alternative, order can be imposed on unscrupulous representative.
11. Transaction entered into a legal entity in conflict with the goals of activities specifically limited by this Code and other legislative acts or the founding documents, or in violation of the constitutional competence of its body may be invalidated by the claim owner of the property of a legal entity or its founder (participant) if it is proved that the other party to the transaction knew or should have known of such violations.
12. The transactions contemplated by paragraphs 3, 5 of this article, at the request of the legal representatives of minors or incapacitated persons court decision can be considered valid if they are made for the benefit of specified persons.

The court may also declare the contract null and void in whole or in part at the request of one of the spouses, if the conditions of the contract put this spouse in an extremely unfavorable position or violate the property rights of children born or adopted during the marriage (marriage). Conditions of the marriage contract, violating the requirements referred to above (and in paragraph 3 of Article 41 of the Code) shall be deemed invalid.

If a marriage is annulled, the legal regime of the property will be governed by the Civil Code of the Republic of Kazakhstan. In this case, the marriage contract entered into by spouses, is repealed.