Property Rights and Obligations of Spouses: Legal Regime

Property Rights and Obligations of Spouses: Legal Regime (common property) Contractual Regime (marriage contract)

Legal Regime The property earned by spouses during their marriage is considered to be their common property. To the common property belong: incomes of each of spouses from labor and entrepreneurial activities; profits acquired from the common and non-common movable property and real estate; any other incomes or property irrespective for whose name it was acquired or who of the spouses paid for it. The right on the common property belongs also to the spouse who during the marriage carried out housekeeping, cared for children or for other valid reasons had no independent income.

Separate Property of Spouses Separate property consists of: 1) The property belonging to each of the spouses up to the entrance into a marriage; 2) The property received by spouses during the marriage in gift, by way of inheritance or under other gratuitous transactions; 3) Things of individual using (clothes, footwear and others) though acquired during the marriage due to the common means of spouses. Exception: jewelry and other luxury goods. Note: Property of each of the spouses can be recognized as their common property if it will be established, that during the marriage the investments or work of any of spouses were made which considerably increased the cost of this property (major overhaul, reconstruction, re-equipment etc.).

Division of the Common Property Division of the common property can be conducted both during the marriage, and after its termination on demand of any of the spouses, and also in the case of the demand of the creditor on the division of the common property of the spouses. In the case of dispute the division of the common property of spouses is conducted by court. Shares of both spouses in the common property are recognized to be equal if not otherwise stipulated by the contract between them. The Court has the right to recede from the principle of equality of shares proceeding: from interests of minor children as well as from interests of one of spouses if the other spouse did not receive incomes with no valid reasons or spent the common property to the detriment of the interests of family.

Contractual Regime of Property Marriage contract is the agreement of marrying persons or spouses determining their property rights and duties in the marriage and/or in the case of its termination. Marriage contract may change the legal regime of the common property established by the law. Marriage contract can be concluded either prior the conclusion of the marriage or at any time during the marriage. Marriage contract is concluded in writing and is subject to the notarial certification. Marriage contract may be concluded both with regard to the available property, and also the future property of the spouses.

Contractual Regime of Property Spouses have the right to include any provisions concerning the property in their contract. Marriage contract may be changed or terminated at any time. Unilateral refusal of the execution of the marriage contract is not allowed. The effect of the marriage contract stops from the moment of the termination of the marriage. The marriage contract can be recognized by court invalid in full or in part on the bases stipulated by the Civil code of RK for invalidity of transactions. The court also may terminate the marriage contract in full or in part on demand of one of the spouses if the contract provisions put this spouse in the extremely adverse position.

Rights of Children The right to live and be brought up in family; The right on contacts with parents and other relatives; The right to express his/her opinion The right to name, patronymic and surname; The right of the child to be supported; The right to protection of the rights and legitimate interests; The right to protection against abuse on the part of the parents ( or persons who replace them).

Rights and Obligations of Parents Parents have equal rights and equal duties concerning their children. Parental rights stop after the achievement by children of the age of 18 (majority), as well as by the conclusion of marriage by minor children. Parents are obliged to care about the health of their children. Parents have both the right and the responsibility to bring up their children. Parents have the right of education of their children and bear the responsibility for the development of their children within the limits of their abilities and financial possibilities. Parents are obliged to ensure the reception of secondary education by their children. All questions concerning education are solved by parents by their mutual consent, proceeding from interests of children and considering their opinion.

Rights and Obligations of Parents Parents are lawful representatives of their children. Parental rights can not be carried out in the contradiction with interests of children. Maintenance of interests of children must be the basic care of their parents. Parents have no right to harm the physical and mental health of children and their moral development. Education of children must exclude scornful, severe, rough, humiliating treatment to them as well as the insult or exploitation of children. The parent living separately from the child, has rights on contact with him/her and on participation in his/her education. The parent with whom the child lives, must not interfere with the contact of the child with the other parent if such contacts do not harm physical and mental health of the child or his/her moral development. The residence of children of separate residing parents is established by the agreement of parents.

Deprivation and Limitation of Parental Rights Parents (one of them) can be deprived parental rights, if they: Evade from performance of parental duties, including malicious evasion from the payment of alimony; Without valid reasons refuse to take the child from the maternity hospital or from other children's educational or medical establishments; Abuse the parental rights; Treat severely with children, including physical or mental violence on them, attempts on their sexual inviolability; Are recognized alcohol, drug or toxic substance addicts. Committed a deliberate crime against life or health of children or the spouse. Deprivation of parental rights is executed by court. Deprivation of parental rights means the loss of all the rights based on the fact of the relationship with children.

Deprivation and Limitation of Parental Rights Deprivation of parental rights does not release parents from the duty to support children. This duty ceases with their adoption. Parents (or one of them) can be restored in parental rights in cases if they changed their behavior, the way of life and the attitude to the education of children. The court may restrict parental rights by taking away the child from parents (or one of them) without deprivation of their parental rights. Parents whose parental rights are restricted by court, lose the right on personal education of the child. In the case of direct threat to life of the child or to his/her health the body of guardianship and trusteeship has the right to take away the child from parents (or one of them) or from other persons who care for him/her immediately.

Adoption Adoption is possible only concerning minor children and only in their interests. Children who are citizens of RK can be adopted by foreigners only: if it is not possible to transfer these children to citizens of RK permanently living on the territory of RK or to establish adoption by relatives of these children irrespective of citizenship and residence of these relatives. Adoption is conducted by court under the application of the person(s) wishing to adopt the child. Adoption of brothers and sisters by different persons is not allowed, except for cases when the adoption corresponds to the interests of children. Adoption is authorized only at presence of conditions for normal development and education of the child in the family of the adaptor . The difference in the age of between adaptors and adopted must be not less than 16 years. Adoption of a child who reached the age of 10 requires his/her consent. The consent of a child is established by court.