Prenuptial Agreements in Uzbequistan

Article 30. Conclusion of the Marriage Contract
A marriage contract may be entered into prior to or during a legally registered marriage.

If the contract is concluded before the official registration of the marriage, it takes effect from the date of the marriage’s registration.

The contract must be in writing and notarized.

Article 31. Content of the Marriage Contract
The marriage contract allows spouses to modify the default rules of joint property ownership set out by law (see Article 23 of this Code). The contract may establish joint, partial, or separate ownership of all or specific types of property, whether currently owned or acquired in the future.

The contract may also define each spouse’s rights and duties regarding:

• mutual financial support,
  
  
• family expenses,
  
  
• participation in each other’s income,
  
  
• entering into contracts with third parties,
  
  
• operating a joint business,
  
  
• and the division of property in case of divorce.
  
  

Other provisions regarding the spouses’ property relations may also be included.

These rights and obligations may be set for a specific time period or conditioned upon certain events occurring or not occurring.

However, a marriage contract cannot:

• limit the legal capacity or court rights of either spouse,
  
  
• regulate personal (non-property) matters between spouses,
  
  
• alter obligations toward children,
  
  
• deprive a dependent spouse of support,
  
  
• or include conditions that unfairly disadvantage one party or contradict family law.
  
  

Article 32. Modification and Termination of the Marriage Contract
A marriage contract can be modified or terminated at any time by mutual consent of the spouses, following the same legal form as the original contract.

A unilateral refusal to perform the contract is not permitted. However, either spouse may request a court to modify or terminate the contract under the grounds and procedures established in the Civil Code of Uzbekistan.

The contract automatically terminates when the marriage ends, unless it includes obligations that are to continue after the divorce.

Article 33. Invalidity of the Marriage Contract
A court may declare the marriage contract invalid—either partially or fully—on the grounds stated in the Civil Code of Uzbekistan.

If the contract contradicts the legal provisions in Part 5 of Article 31, it may be annulled by the court at the request of either spouse.

Article 34. Enforcement of Debts Against Spousal Property
A spouse’s personal debts may only be enforced against their individual property. If insufficient, creditors may request the debtor spouse’s share in jointly owned property to be separated and used to settle the debt.

If the court finds that the borrowed funds or obligations benefited the family, enforcement may be directed at joint marital property. If that’s not enough, both spouses may be held jointly liable using their personal assets.

If it’s proven that jointly owned property was increased using proceeds from a crime, enforcement may also be directed at that property accordingly.

Spouses are liable for damage caused by their minor children as per civil law.

Article 35. Creditor Protection in Marriage Contracts
Each spouse must notify their creditors when entering into, modifying, or canceling a marriage contract. Failure to do so results in the spouse remaining personally liable for their debts, regardless of the contract’s contents.

A creditor may request the court to amend or annul the contract if significant changes in circumstances affect their interests.

Article 36. Civil and Contractual Relations Between Spouses
Spouses are free to enter into any lawful property agreements between themselves.

However, any agreement that restricts the rights of one spouse is considered invalid.