LAW OF THE REPUBLIC OF BELARUS

of January 7, 2012 No. 342-Z

About modification and amendments in the Code of the Republic of Belarus about scrap and family

Accepted by the House of Representatives on December 19, 2011

Approved by Council of the Republic on December 21, 2011

Article 1. Bring in the Code of the Republic of Belarus about scrap and family of July 9, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 55, 2/53; 2004, No. 195, 2/1097; 2005, No. 120, 2/1134; 2006, No. 112, 2/1244; No. 122, 2/1261; 2007, No. 170, 2/1348; 2008, No. 14, 2/1412; No. 275, 2/1543; 2009, No. 173, 2/1595; 2010, No. 183, 2/1718) following changes and amendments:

1. In the name and paragraph one of Article 1, to Article 2, the name of the Section VI and part two of Article 237 of the word "about scrap and family of the Republic of Belarus" shall be replaced with words "The Republic of Belarus about scrap and family".

2. In part two of Article 3 of the word of "wide network of child care facilities and the organizations" shall be replaced with words "organizations of education, the organizations of culture, physical culture and sport,".

3. In Article 6:

state part one in the following edition:

"Protection of the rights following from the marriage and family relations is provided with the commissions on cases of minors, the guardianship and custody bodies, bodies registering acts of civil status, the bodies of prosecutor's office, courts, other state bodies and the organizations authorized by the legislation of the Republic of Belarus.";

the second after the word "legislation" to add part with the words "Republic of Belarus".

4. In Article 7:

to state the name of Article in the following edition:

"Article 7. Legislation of the Republic of Belarus on scrap and family";

in part one:

the words "about scrap and family of the Republic of Belarus" shall be replaced with words "The Republic of Belarus about scrap and family";

add part with the words "Republic of Belarus";

the second after the words "legislation" and "legislation" to add part with the words "Republic of Belarus";

third to add part with the words "Republic of Belarus".

5. In Article 11 of the word "regulatory legal acts of the President of the Republic of Belarus" shall be replaced with words "legal acts of the Republic of Belarus".

6. In Article 12 of the word "according to the procedure, on conditions and with observance of the requirements determined by the law" shall be replaced with words "on the conditions provided by this Code".

7. State Article 13 in the following edition:

"Article 13. Marriage agreement

For the purpose of increase in culture of the marriage and family relations and responsibility of one spouse to another, determinations of the rights and obligations of spouses in scrap and (or) after its termination persons marrying and spouses and in the amount of the rights and obligations determined by them have the right to sign at any time the Marriage agreement.

In the Marriage agreement can be determined:

the rights and obligations of spouses on mutual content, including after annulment of marriage;

procedure for the Section of the property which is common joint property of spouses;

jointly acquired property which will be transferred to each of spouses after annulment of marriage;

conditions concerning change of the mode of common joint property of spouses set by legal acts of the Republic of Belarus by establishment of equity property or property of each of spouses on all property which is subject to reference according to legal acts of the Republic of Belarus to common joint property or on separate types of such property;

conditions concerning impossibility of recognition of property of each of spouses their common joint property if during marriage due to common property of spouses or personal property of other spouse the investments considerably increasing the cost of this property (capital repairs, reconstruction, etc.) are made;

other questions of relations between spouses (procedure for execution by each of them for family expenses, etc.), parents and children if it does not violate the rights and legitimate interests of other persons and does not contradict the legislation of the Republic of Belarus.

The marriage agreement can be signed as concerning the property jointly acquired by spouses to the conclusion of the Marriage agreement and concerning property which will be acquired by spouses during marriage.

The rights and obligations of spouses provided by the Marriage agreement can be limited to certain terms or be put into dependence on approach or not approach of certain conditions.

The unilateral refusal from execution of the Marriage agreement is not allowed.

The marriage agreement can be changed or terminated by mutual consent by persons marrying spouses - before annulment of marriage, and also the former spouses - during operation of the Marriage agreement in the form and procedure provided for the conclusion of the Marriage agreement.

The Marriage agreement is terminated from the moment of the scrap termination if other is not provided by the Marriage agreement, this Code or other acts of the legislation of the Republic of Belarus. The marriage agreement providing the rights and obligations of the former spouses after the scrap termination is effective before their execution.

The marriage agreement can be nullified by court fully or partially on the bases provided by the Civil code of the Republic of Belarus.".

8. Add the Code with Article 13-1 of the following content:

"Article 13-1. Form and procedure for the conclusion of the Marriage agreement

The marriage agreement is signed in writing and is subject to the notarial certificate.

The marriage agreement is subject to also state registration in the organization for state registration of real estate, the rights to it and transactions with it if it contains conditions which are or can become the basis of origin, transition, termination of the rights, restrictions (encumbrances) of the rights to real estate. At the same time the Marriage agreement containing such conditions:

about the registered real estate, and also about the registered real estate and real estate which will be acquired by spouses during marriage is subject to state registration after the notarial certificate of the Marriage agreement;

about real estate which will be acquired by spouses during marriage is subject to state registration at the same time or after state registration of creation of the respective real estate or state registration of origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to real estate.

State registration of the Marriage agreement is performed after marriage registration. State registration of the Marriage agreement can be performed after the scrap termination if according to the Marriage agreement, this Code or other acts of the legislation of the Republic of Belarus the Marriage agreement provides the rights and obligations of the former spouses after the scrap termination.

State registration of origin, transition, the termination of the rights, restrictions (encumbrances) of the rights to the real estate acquired by spouses after state registration of the Marriage agreement concerning which the Marriage agreement was signed is performed taking into account conditions of the signed Marriage agreement on this real estate.

The marriage agreement signed between persons marrying becomes effective from the date of marriage registration if other is not established by this Article.

The marriage agreement signed between spouses becomes effective from the date of its notarial certificate if other is not established by this Article.

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