Dissolution of Marriage in Uzbekistan

Dissolution of marriage is a legal fact that terminates the personal and property rights and obligations of the spouses. The institution of marriage dissolution has significant social and legal importance, as it affects not only the spouses but also children, the state, and society. In the Family Law of the Republic of Uzbekistan, this institution is regulated by Chapter 7 of the Family Code (Articles 37–48).

According to Article 37 of the Family Code, a marriage is dissolved:

• As a result of the death of one of the spouses or a court declaration of death;
• Through divorce upon the application of one or both spouses, or the guardian of a spouse who has been declared legally incapable.

Thus, the law distinguishes two groups of grounds:

• Natural (biological) – death of one of the spouses;
• Legal (volitional) – divorce at the initiative of the parties or their legal representatives.

Forms of Divorce

Marriage dissolution through divorce can be carried out:

• In court (general procedure);
• Administratively – through civil registry offices (ZAGS) in cases directly specified by law.

Divorce in Court

The judicial procedure is applied:

• When there are minor children;
• When there are disputes about property division or maintenance of a disabled spouse;
• If one spouse does not agree to the divorce.

The court may grant up to 6 months for reconciliation, except in cases of domestic violence. The basis for divorce is the impossibility of continuing cohabitation and preserving the family.

Divorce Through ZAGS

Administrative divorce is possible:

• With mutual consent of the spouses, if they have no minor children (Art. 42);
• Upon the application of one spouse, if the other has been declared missing, legally incapable, or sentenced to imprisonment for at least three years (Art. 43).

Consequences of Divorce

Marriage is terminated from the moment of state registration of the divorce in ZAGS (Art. 47).

A spouse has the right to keep the marital surname or restore the premarital one (Art. 46).

In divorce proceedings, the court decides on child custody, alimony, division of property, and maintenance of a disabled spouse (Art. 44).

Restoration of Marriage

If a spouse declared dead or missing reappears, the marriage may be restored by ZAGS upon a joint application of the spouses. If one of them has entered into a new marriage, restoration is not possible (Art. 48).

The institution of marriage dissolution in the family law of Uzbekistan is built on a balance of private and public interests. On the one hand, it guarantees the freedom of spouses to terminate marital relations, and on the other, it protects the rights of children, disabled spouses, and creditors. Judicial divorce serves as a mechanism of social control aimed at preserving the family, if possible and in the best interests of its members.

Procedure for Dissolution of Marriage and Its Consequences

Stage / Situation	Authority	Conditions / Grounds	Procedural Steps	Key Consequences
1. Termination of marriage due to death or declaration of death	ZAGS / Court (in case of declaration of death)	Death of a spouse or a final court decision declaring them dead	Submission of death certificate or court decision to ZAGS for record entry	Termination of personal and property rights and obligations
2. Divorce through ZAGS (mutual consent)	ZAGS	No common minor children; mutual written consent	Filing of a joint application; registration after one month	Issuance of divorce certificate; spouses are free to choose surname
3. Divorce through ZAGS (upon one spouse’s request)	ZAGS	The other spouse is declared missing, legally incapable, or sentenced for ≥ 3 years	Filing of application by one spouse; verification of grounds by ZAGS	Termination of marriage regardless of the other spouse’s consent
4. Divorce through the court	Court (CPC of Uzbekistan)	Presence of minor children; lack of consent of one spouse; property or alimony disputes	Filing a claim; possible reconciliation period (up to 6 months); court hearings and decision	Court decides on child residence, alimony, property division; divorce certificate issued
5. Moment of marriage termination	ZAGS	Applies to all forms of divorce	Registration of divorce in ZAGS	From this day, spouses’ rights and obligations cease
6. Restoration of marriage	ZAGS	Reappearance of spouse previously declared dead or missing	Joint application of spouses; annulment of divorce record	Marriage is restored if no new marriage was contracted

 

Judicial Divorce Procedure

1. Grounds for Judicial Procedure

The court procedure applies if:

• The spouses have common minor children;
• One spouse does not consent to divorce;
• There are property disputes or disagreements on maintenance of a disabled spouse.

2. Procedural Steps

Filing the claim:

• One or both spouses file a claim with the court at the defendant’s place of residence (Art. 40).
• If a spouse is declared missing, incapable, or imprisoned, the other spouse may apply without restrictions.

Case review:

• Cases are heard in accordance with the Civil Procedure Code.
• The court may grant up to 6 months for reconciliation and adjourn the case.
• The court notifies the citizens’ assembly reconciliation commission to assist in reconciliation.
• In cases of domestic violence, no reconciliation period is granted.

Court decision:

• The key criterion is the impossibility of continuing cohabitation and preserving the family (Art. 41).
• When issuing the decision, the court must determine:

• With whom the children will reside;
• Alimony procedure;
• Property division (if requested);
• Amount of maintenance for a disabled spouse.

3. Special Restrictions

The husband may not file for divorce without the wife’s consent:

• During her pregnancy;
• Within one year after the birth of their child.

4. Legal Consequences

• Marriage is terminated from the moment of its registration in ZAGS (Art. 47).
• Spouses may keep or change their surname (Art. 46).
• The court decision serves as the basis for ZAGS to enter the record and issue a divorce certificate.

 

Divorce Through ZAGS (Administrative Procedure)

1. Conditions for Divorce via ZAGS

According to Articles 42–43 of the Family Code, divorce is handled by ZAGS in the following cases:

• By mutual consent, if:
  • The spouses have no common minor children;
  • There are no disputes over property or maintenance of a disabled spouse.
• By application of one spouse, regardless of the presence of children, if the other spouse:
  • Is declared missing by court;
  • Is declared legally incapable due to mental disorder;
  • Is sentenced to imprisonment for at least three years.

2. Procedure

Step 1. Application submission

• The spouses submit a joint application to ZAGS (or one spouse in legally provided cases).
• The application may include a request to restore the premarital surname (Art. 220).

Step 2. Verification of grounds

• ZAGS verifies the absence of obstacles (e.g., common minor children, pending court disputes).
• For unilateral applications, a court decision or court sentence extract must be attached.

Step 3. Registration of divorce

• One month after submission (if not withdrawn), ZAGS registers the divorce.
• Each former spouse is issued a divorce certificate (Art. 221).
• If a surname change is requested, the passport must be updated accordingly.

Step 4. Record entry

• ZAGS sends a notice of divorce to the office where the marriage was registered for record update.

3. Legal Consequences

• From the moment of registration, the spouses’ personal and property rights and obligations are terminated.
• Former spouses may keep or restore their surname.
• The divorce certificate serves as a basis for changes to civil registry records and passports.