Family Law in Uzbekistan

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1. What are the legal requirements for commencing divorce proceedings and determining related claims for property division? In this context, how are the concepts of domicile, habitual residence/residence, and nationality applied in relation to divorce and financial relief?
2. What factors do the local courts consider when determining questions of forum and jurisdiction in matrimonial proceedings? In what circumstances, if any, would the courts stay or decline divorce proceedings in favor of proceedings pending in another jurisdiction?
3. Is the issue of applicable law relevant in Uzbekistan and, if so, in what circumstances and by what mechanism is the governing law determined and applied?
4. What are the legal grounds for divorce in Uzbekistan, and are they fault-based or no-fault in nature? Please also outline the general procedure and indicative timeline for obtaining a divorce.
5. What are the procedural requirements for service of divorce proceedings in Uzbekistan? Is it possible for spouses to file a joint application for divorce?
6. To what extent does Uzbekistan recognize:

• foreign marriages;
• foreign civil partnerships or civil unions;
• customary marriages; and
• religious marriages?

7. Are same-sex marriages or unions recognized in Uzbekistan and, if so, on what basis? Does Uzbekistan recognize same-sex marriages or unions validly concluded abroad?
8. What substantive financial remedies may the court grant upon divorce, including in relation to capital, real property, pensions, maintenance, and alimony?
9. What principles guide the courts in Uzbekistan when determining the division of matrimonial or family assets?
10. Does the court have jurisdiction to make interim financial orders pending the final determination of the proceedings, including interim maintenance, legal costs funding, or other interim relief? What factors are taken into account?
11. How is spousal maintenance or alimony addressed in Uzbekistan? Is it more commonly awarded for a fixed term or on an ongoing basis? Is there a statutory formula for assessing quantum and duration, or does the court retain broad discretion?
12. What is the procedure for recognizing and enforcing foreign financial orders in Uzbekistan? More generally, what enforcement mechanisms are available to secure compliance with financial orders made upon divorce?
13. Can a party pursue financial relief in Uzbekistan following an overseas divorce and, if so, in what circumstances?
14. Does Uzbekistan provide for a matrimonial property regime and, if so, which regime applies? Is there a default matrimonial property regime? Are foreign matrimonial property regimes recognized and, if not, in what circumstances might they be given effect?
15. To what extent are pre-nuptial and post-nuptial agreements recognized as valid and binding in Uzbekistan? Is the position different where such agreements were entered into abroad rather than locally?
16. How is child maintenance determined in Uzbekistan? For what duration may a child maintenance order remain in force?
17. Apart from child maintenance, does the court have jurisdiction to make other financial provision for a child, such as housing orders, lump-sum payments, or other capital provision? If so, in what circumstances?
18. Is cohabitation recognized under the laws of Uzbekistan and, if so, in what legal context and with what consequences?
19. What financial claims, if any, may cohabiting partners bring upon separation, and what principles govern the determination of such claims?
20. What is the legal status of separated parents in relation to parental rights and responsibilities concerning their children? Does the legal position differ where the parents were never married?
21. What are the jurisdictional requirements for commencing proceedings concerning child arrangements, custody, or parental responsibility?
22. What is the legal framework governing contact between a child and a parent following the breakdown of a relationship? What types of orders may the court make in relation to custody, residence, and contact, and what principles guide the court’s determination? By what process is the voice and welfare of the child considered?
23. What rules govern the relocation of a child within the jurisdiction and internationally? What principles are applied by the court when determining relocation applications?
24. What is the procedure for recognizing and enforcing foreign orders relating to child custody, residence, or contact? Does Uzbekistan operate a system of mirror orders?
25. What is the legal position regarding international child abduction? Is Uzbekistan a contracting state to the 1980 Hague Convention on the Civil Aspects of International Child Abduction?
26. What is the legal status of surrogacy arrangements in Uzbekistan, and is commercial or compensated surrogacy permitted? Is surrogacy available to single persons and cohabiting couples, whether heterosexual or same-sex?
27. What is the legal framework governing adoption in Uzbekistan? Is adoption available to single persons and cohabiting couples, whether heterosexual or same-sex?
28. What forms of non-court dispute resolution are available in family matters in Uzbekistan, including mediation, conciliation, and arbitration where applicable? Is participation in non-court dispute resolution mandatory, and what is the legal status of agreements reached through such processes?
29. Are family law proceedings conducted in private or in open court? Is the press entitled to attend hearings, and are judgments published or otherwise made available to the public?
30. What impact does the breakdown of a relationship or divorce have on succession rights, testamentary arrangements, and broader estate planning?