50 Questions on Family Law in Uzbekistan

1. What is recognized as a legally valid marriage in the Republic of Uzbekistan?

Answer: In the Republic of Uzbekistan, only a marriage registered with the civil status registration authorities (ZAGS) has legal force. Religious ceremonies (nikah and other forms) do not in themselves create the rights and obligations of spouses.

The legal consequences of marriage arise only after:

• state registration;
• the personal presence of the parties;
• compliance with the established registration procedure.

Accordingly, cohabitation or a religious union without registration does not create family-law relations.

2. What is the meaning of the principle of voluntariness in marriage?

Answer: Voluntariness of marriage means the existence of the free and informed expression of will of a man and a woman.

The following are prohibited: physical coercion, psychological pressure, economic pressure, or family pressure. A marriage concluded under coercion may be declared invalid by a court, since genuine consent of the party is absent.

3. What is the established marriageable age, and may it be reduced?

Answer: The general marriageable age is: 18 years for both men and women. In exceptional cases, the khokim (mayor) of a district (city) may reduce the age by no more than one year, for example, in the event of:

• pregnancy;
• childbirth;
• emancipation of a minor.

Reduction of the marriageable age is an exception rather than the rule.

4. What circumstances prevent the conclusion of marriage?

Answer: Marriage is not permitted in the following circumstances:

1. the existence of another registered marriage;
2. close kinship:
   • parents and children;
   • grandparents and grandchildren;
   • full-blood and half-blood brothers and sisters;
3. an adoptive relationship;
4. a person having been declared legally incapacitated by a court due to a mental disorder.

Violation of these requirements leads to recognition of the marriage as invalid.

5. What is the procedure for state registration of marriage?

Answer: The procedure includes:

1. filing a joint application;
2. waiting through a one-month period;
3. the personal presence of the parties;
4. registration of the civil status act.

The period may be shortened or waived in the event of:

• • pregnancy;
  • childbirth;
  • serious illness;
  • other valid circumstances.

6. Is a medical examination mandatory before marriage?

Answer: Yes. Persons entering into marriage undergo a free medical examination at state healthcare institutions.

The purpose of the examination is:

• protection of the spouses’ health;
• prevention of hereditary and infectious diseases;
• ensuring that the future spouses are informed.

For persons over the age of 50, the examination is conducted only with their consent.

7. From what moment do the rights and obligations of spouses arise?

Answer: The rights and obligations of spouses arise exclusively from the moment of state registration of the marriage. Before registration:

• the parties are legally regarded as strangers;
• the property regime of spouses does not apply.

8. How is the principle of equality of spouses expressed?

Answer: Spouses enjoy equal:

• personal rights;
• property rights;
• family obligations.

• Neither spouse has legal priority in:
• managing family life;
• raising children;
• disposing of property.

9. What rights do spouses have when choosing a surname?

Answer: Upon marriage, spouses may:

• choose the surname of one of the spouses;
• retain their premarital surnames;
• change the surname of only one spouse.

A change of surname by one spouse does not automatically affect the surname of the other spouse.

10. Do spouses have freedom to choose their profession and place of residence?

Answer: Yes. Each spouse independently chooses their profession, occupation, place of residence, and place of stay. Forcing a spouse to follow a particular way of life is contrary to family legislation.

11. What is recognized as the common joint property of spouses?

Answer: Common property includes property acquired during the marriage:

• wages;
• business income;
• intellectual property income;
• real estate;
• securities;
• shares in companies;
• bank deposits.

It does not matter:

• in whose name the property is registered;
• who actually received the income.

12. Is the consent of the other spouse required for disposal of common property?

Answer: Yes. This is especially important in transactions involving real estate, where notarized consent of the other spouse is required. In the absence of such consent, there is a right to seek invalidation of the transaction in court.

13. What property belongs to the personal property of a spouse?

Answer: Personal property includes property:

• acquired before marriage;
• received by inheritance;
• received as a gift;
• received under gratuitous transactions.

However, it may become joint property if its value was substantially increased during the marriage at the expense of common funds.

14. What is a prenuptial agreement, and what is its legal nature?

Answer: A prenuptial agreement is a notarized agreement between spouses regulating their property relations.

It may establish:

• a separate property regime;
• shared ownership;
• the procedure for maintenance of spouses;
• the distribution of property in the event of divorce.

The following conditions are prohibited:

• restricting legal capacity;
• regulating personal relations;
• violating the rights of children.

15. In what cases does a marriage terminate?

Answer: A marriage terminates as a result of:

1. the death of a spouse;
2. declaration of a spouse as deceased;
3. dissolution of marriage:
   • through the court;
   • through ZAGS (in the absence of minor children).

Legally, a marriage is considered terminated from the moment of state registration of the divorce, not from the date of the court decision.

16. What legal grounds for termination of marriage are provided by law?

Answer: A marriage terminates:

1. upon the death of one of the spouses;
2. upon a spouse being declared deceased by a court;
3. by dissolution of the marriage (divorce).

Thus, termination of marriage is possible on both natural and voluntary legal grounds.

17. Who has the right to initiate dissolution of marriage?

Answer: The right to apply belongs to:

• one of the spouses;
• both spouses jointly;
• the guardian of a spouse declared legally incapacitated by a court.

This confirms the principle of freedom to terminate marital relations.

18. In what cases is marriage dissolved through the court?

Answer: Divorce is granted through judicial procedure if:

• there are common minor children;
• one spouse does not consent;
• there is a property dispute;
• there is a dispute concerning maintenance of a spouse.

The judicial procedure is aimed at protecting the interests of the family and children.

19. When is divorce allowed through the ZAGS authorities?

Answer: ZAGS dissolves a marriage where the following exist simultaneously:

• mutual consent of the spouses;
• absence of common minor children.

If there is a dispute, the parties must apply to court.

20. Is divorce possible on the application of only one spouse through ZAGS?

Answer: Yes, regardless of whether there are children, if the other spouse:

• has been declared missing;
• has been declared legally incapacitated;
• has been sentenced to imprisonment for a term of at least 3 years.

This is an exceptional administrative procedure for dissolution of marriage.

21. Is the husband’s right to seek divorce restricted?

Answer: Yes. Without the wife’s consent, the husband may not seek dissolution of marriage:

• during the wife’s pregnancy;
• within one year after the birth of the child.

This rule is aimed at protecting the mother and the newborn.

22. May the court grant a reconciliation period to the spouses?

Answer: Yes. The court may grant a reconciliation period of up to 6 months. However, a reconciliation period is not granted if facts of family (domestic) violence have been established.

23. What is the principal condition for dissolution of marriage by the court?

Answer: The court dissolves the marriage if it establishes that further joint life of the spouses and preservation of the family are impossible. In essence, the court assesses whether family relations have irretrievably broken down.

24. What issues must the court resolve upon divorce?

Answer: In the absence of an agreement between the spouses, the court must:

• determine the children’s place of residence;
• establish the procedure for payment of alimony;
• divide the property;
• determine maintenance for the needy spouse.

The court acts on the basis of the interests of the children and fairness.

25. From what moment is a marriage considered terminated?

Answer: A marriage terminates not from the date of the court decision, but from the day of state registration of the dissolution of marriage with ZAGS. Until registration, the spouses legally remain married.

26. What happens to a spouse’s surname after divorce?

Answer: A spouse may:

• retain the marital surname;
• restore the premarital surname.

The choice is made voluntarily upon dissolution of the marriage.

27. What is the difference between dissolution of marriage and recognition of marriage as invalid?

Answer:

Criterion	Dissolution	Invalidity
The marriage existed	Yes	Legally, no
Termination	For the future	From the moment of conclusion
Legal consequences	Preserved	Annulled

An invalid marriage is deemed never to have existed from the outset.

28. What grounds for recognizing a marriage as invalid are provided by law?

Answer: The grounds are:

• absence of voluntary consent;
• violation of the marriageable age requirement;
• existence of impediments to marriage;
• fictitious marriage;
• concealment of HIV infection or a venereal disease.

All such cases are considered exclusively by the court.

29. What is recognized as a fictitious marriage?

Answer: A fictitious marriage is registration of marriage without the intention to create a family.

It is often used for:

• obtaining citizenship;
• acquiring property advantages;
• migration purposes.

Such marriage may be declared invalid upon the claim of a prosecutor or a bona fide spouse.

30. What legal consequences arise when a marriage is recognized as invalid?

Answer: The consequences are:

1. personal and property rights of spouses do not arise;
2. relations are governed by civil law;
3. the rights of children are fully preserved;
4. the bona fide spouse may:
   • claim maintenance;
   • seek division of property;
   • claim compensation for moral harm;
   • retain the surname.

The law protects precisely the bona fide party.

31. What is the duty of parents to maintain their minor children?

Answer: Parents are obliged to materially support their minor children regardless of:

• whether the parents are married to each other;
• whether they live together;
• whether the other parent is able-bodied.

The obligation arises by virtue of parenthood itself, not by virtue of a court decision.

32. When is alimony recovered through judicial procedure?

Answer: Judicial recovery applies where:

• no agreement exists between the parents;
• alimony is not being paid voluntarily;
• one of the parents evades maintenance of the child.

A claim may be filed by a parent, a guardianship authority, or a child who has reached the age of 14.

33. Are the obligations of parents to maintain children equal?

Answer: Yes. The law establishes complete equality of obligations of the mother and the father to support their children regardless of:

• income;
• family status;
• place of residence.

34. In what manner may parents independently determine payment of alimony?

Answer: Parents may conclude an agreement on payment of alimony, which determines the amount, form of payment, time periods, and method of transfer of funds. The agreement must not violate the interests of the child.

35. What is the statutory amount of alimony for minor children?

Answer: In the absence of an agreement, the court recovers:

• ¼ of income for one child;
• ⅓ of income for two children;
• ½ of income for three or more children.

The minimum amount may not be lower than the level established by law.

36. May the court change the established amount of alimony?

Answer: Yes. The court may:

• reduce;
• increase the amount of alimony, taking into account:
• the financial situation of the parties;
• the existence of other children;
• health condition;
• other circumstances deserving attention.

37. In what cases is alimony established in a fixed monetary amount?

Answer: A fixed amount is applied if the payer:

• has irregular income;
• receives income in kind;
• has no official salary;
• conceals income.

This ensures stable protection of the interests of the child.

38. Are parents obliged to support adult children?

Answer: Yes, if adult children:

• are incapacitated for work;
• are in need of assistance.

The amount of support is determined by agreement or by the court.

39. How is the amount of alimony for adult children determined?

Answer: The court determines alimony in a fixed monetary amount taking into account:

• the parents’ income;
• the child’s need;
• the family status of the parties.

40. What is meant by additional expenses for a child?

Answer: Additional expenses arise in exceptional circumstances:

• serious illness;
• disability;
• injury;
• need for treatment or rehabilitation.

The court may oblige the parents to participate in these expenses separately from alimony.

41. What income is taken into account when recovering alimony?

Answer: All types of income are taken into account:

• wages;
• entrepreneurial income;
• bonuses;
• foreign-source income;
• income in kind.

Income in foreign currency is recalculated at the exchange rate of the Central Bank of the Republic of Uzbekistan.

42. Is a reduction in the amount of alimony possible?

Answer: Yes, for example, if:

• the payer has other children;
• the payer has a disability;
• the child is fully maintained by the state.

The decision is made exclusively by the court.

43. Does deprivation of parental rights release a person from payment of alimony?

Answer: No. Deprivation of parental rights does not terminate the obligation to maintain the child.

44. How is maintenance of children left without parental care provided?

Answer: If children become orphans, their maintenance, upbringing, and education are ensured by the state.

45. Is alimony recovered from parents if the child is placed in an institution?

Answer: Yes. The court recovers alimony from each parent, and the funds:

• are accumulated in the child’s bank account;
• are transferred to the child after reaching the age of majority.

46. Do alimony obligations arise between spouses?

Answer: Yes. Spouses are obliged to materially support one another. The right to maintenance arises in cases of:

• incapacity for work;
• need for assistance;
• other circumstances established by law.

47. Does a former spouse have the right to alimony after divorce?

Answer: Yes, if the former spouse:

• became incapacitated for work;
• is in need of assistance;
• cares for a common child with a disability;
• has reached retirement age after a long marriage.

48. May alimony obligations arise between other family members?

Answer: Yes. The law provides for mutual maintenance between:

• grandparents;
• grandchildren;
• brothers and sisters;
• stepfathers, stepmothers, and stepchildren.

The obligation arises if maintenance cannot be obtained from parents or children.

49. In what cases does the obligation to pay alimony terminate?

Answer: The obligation terminates upon:

• the child reaching the age of majority;
• restoration of the recipient’s ability to work;
• death of one of the parties;
• adoption of the child by another person.

50. How is enforcement of decisions on recovery of alimony ensured?

Answer: Enforcement is carried out:

• by state enforcement officers;
• by withholding from income;
• by levying execution on the debtor’s property.

For evasion, fines, restrictions, and criminal liability may apply.