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.