Family Law

Outline
Introduction
Main body
Principles of marriage and family legislature
Marriage registration and ceasing
Rights and obligations of spouses
Marriage contract
Rights of child
Rights and obligations of parents
Deprivation and restrictions of parents rights
Confinement and deprivation of parent’s rights
Conclusion

Family Law is regulated by:
Constitution of Kazakhstan
Law of the RK # 321-I as of December 17 1998 “About marriage and family” with amendments and additions as of May 15, 2007

The Constitution of RK
Paragraph 2
Art 18
Each person has rights on inviolability of private life, private and family secret, protection of dignity and honor.
Art 27
Marriage and family, maternity, paternity and childhood are under the defense of state.
Children care, raising them are the natural right and obligation of parents.
Children who reached the age of 18 and are capable of working have to take care about incapable of working parents.

Dispatch of President 2007
since January, 1 2008 the state child benefit is 34740 KZT.
The monthly allowances for child care before he reaches 1 year.
They are:
For the birth of first child - 5800 KZT,
For the birth of second child – 6400 KZT,
For the birth of third child – 6900 KZT,
For the birth of fourth (and more) child – 7500 KZT.
Extra need for funds on families support is 9.5 mil KZT.

Principles of marriage and family legislature
Voluntary of marriage union
Equality of spouses rights
Unacceptability of arbitrary interference to family affairs
Solution of in-family problems on mutual agreement
Priority of children upbringing
Priority of protection of rights of underage and disabled family members
Provision of free realization of family members rights
Stimulation of healthy lifestyle of all family members

Marriage registration
Marriage – equal in rights union between man and woman concluded with the agreement of both parties for purpose of family creation which causes property and private relations between spouses.
Conditions of marriage registration:
Mutual voluntary concord between man and woman
Attainment of marriage age

Marriage registration
It is prohibited to registrar marriage between:
Persons if one of them is already married
Direct relatives
Brothers and sisters who have common parent
Adopters and adopted
Persons if one of them is insane

Marriage ceasing
Due to the death of one of the spouses
If one or both of spouses send the application to the registry office

Marriage is regarded invalid
If the marriage is fictitious
If the marriage was signed under the force
If one of the parties has concealed the fact that he/she has a serious disease which can affect the health of other family members

Private rights and obligations of spouses
The equality of spouses in the family:
1. Equal rights – equal obligations
2. Freedom in choosing profession, line and place of residence
3. The matters of motherhood, fatherhood, upbringing and education of children and other family matters should be solved by common agreement of spouses
4. The relationships in the family are based on mutual aid and respect

Property rights and obligations of spouses
Individual Property of each of spouses:
1) Property obtained before wedlock
2) Different types of donations
3) Belongings for individual use (clothes, shoes etc)

Property rights and obligations of spouses
Joint ownership of the spouses is the ownership which was earned during the period of wedlock (marriage)
Joint ownership of the spouses :
Income of the spouses
Cash benefits
Pension
Other monetary payments
Movable & immovable property acquired by both spouses
Securities
Deposits
Share in capital
Other property obtained during the wedlock

Marriage contract
The conclusion of the marriage contract
Can be concluded before the state registration
at any time during marriage
The maintenance of the marriage contract
The marriage contract spouses have the right to change the mode of the general joint property established by the law to establish a mode of the joint, share or separate property on all property of spouses, on its separate kinds or on property of each of spouses

Marriage contract
The marriage contract cannot:
Limit law capacity or capacity
Right to the reference in court
To adjust personal non-property attitudes between spouses
The rights and duties of spouses concerning children

Marriage contract
Change and cancellation of the marriage contract
The marriage contract can be changed or will terminate at any time under the agreement of spouses
Unilateral refusal of execution of the marriage contract is not supposed
On demand of one of spouses the marriage contract can be changed or will terminate under the decision of court
marriage contract stops from the moment of the termination of marriage
A recognition of the marriage contract void
The marriage contract can be nullified court in full or in part on the bases stipulated by the Civil code of Republic Kazakhstan for invalidity of transactions

Rights of a child
Every child has
the right to live and brought up in the family, as far as possible
the right to know their parents
the right to be cared for
the right to share in their residence, except where this is contrary to its interests
the right to education of their parents, ensuring its interests, the full development, respect for his human dignity.

Rights of a child
The right of the child to express their views
The right of the child to name and surname
The right of the child’s nationality

Rights and obligations of parents
Article 60. Equality of rights and responsibilities of parents

Rights and obligations of parents
The rights and duties of parents in the upbringing and education of children
1. Parents must take care of the health of their children.
2. Parents have the right and duty to bring up their children.
3. Parents must ensure children receive secondary education.

Confinement and deprivation of parent’s rights
Deprivation of parent’s rights results in:
Loss of any rights and benefits based on the relationship with children
Loss of any pensions and compensations for children (article 69.1,2)
Parent’s rights may also be confined
In this case, a child is taken away from the family, but the rights of parents are not cancelled. (article 71)

Cases when parent’s rights deprivation is applied
Failure to fulfill parent’s duties
Refuse to take child from maternity house after his/her birth
Abuse of parent’s rights
Cruel attitude towards children
Proven abuse of alcohol, drugs, etc.
Also, crime commitment against children or wife/husband may result in parent’ rights deprivation (article 67)

Important aspects in parent’s rights deprivation
Parent’s rights may be restored if the behavior of a parent(s) has significantly improved. (article 70)
If a threat to a child’s life exists, he or she may be taken out of family by court with consequent parent’s rights confinement or deprivation. (article 75)