Title II — Family Law
This title governs marriage, matrimonial property, dissolution, parentage, parental authority, and maintenance.
Chapter 1 — Marriage: Formation and Requirements
| Article | Title | Description |
|---|---|---|
| Article 19 | Right to Marry | Every person of marriageable age has the right to marry freely, without restriction as to sex, gender, race, nationality, or religion. |
| Article 20 | Requirements for Marriage | A marriage may be contracted only where each of the following requirements is satisfied:. |
| Article 21 | Solemnization and Registration | Marriage under Kaharagian law is exclusively a civil institution. Only a marriage solemnized before an officiant authorised by the State, or a foreign marriage recognised under paragraph 8, has legal effect. |
| Article 22 | Nullity of Marriage | A marriage is void from the outset where:; A marriage is voidable where:. |
| Article 23 | Effects of Marriage | Marriage creates between the spouses a bond of mutual rights and obligations, as provided by this Code and the laws of the State. |
Chapter 2 — Matrimonial Property
| Article | Title | Description |
|---|---|---|
| Article 24 | Matrimonial Property Regime | The matrimonial property regime governs the ownership, administration, and division of property between spouses during and upon dissolution of the marriage. |
| Article 25 | Family Dwelling and Household | Where the spouses share a household, neither spouse may, without the consent of the other, alienate, encumber, or otherwise dispose of the rights in the family dwelling, whether the dwelling is owned by one or both spouses. |
Chapter 3 — Dissolution of Marriage
| Article | Title | Description |
|---|---|---|
| Article 26 | Modes of Dissolution | A marriage registered under Kaharagian law is dissolved by:; Dissolution takes effect upon registration in the civil status register. The Royal Chancellery shall cause the dissolution to be recorded without delay. |
| Article 27 | Divorce | A marriage may be dissolved by divorce upon application to the Royal Chancellery, by mutual consent or upon the petition of one spouse. |
| Article 28 | Effects of Dissolution | Upon dissolution of the marriage, each spouse resumes full independence of personal status. |
Chapter 4 — Parentage
| Article | Title | Description |
|---|---|---|
| Article 29 | Establishment of Parentage | Parentage is the legal relationship between a parent and a child, carrying the rights and obligations set out in this Code and in the laws of the State. |
| Article 30 | Acknowledgement of Parentage | Any person may acknowledge a child as their own by a declaration made before the Royal Chancellery, in writing or by such other durable form as the Chancellery may accept. |
| Article 31 | Adoption | Adoption establishes a parent-child relationship equivalent to parentage by birth, unless this Article provides otherwise. |
Chapter 5 — Parental Authority and Custody
| Article | Title | Description |
|---|---|---|
| Article 32 | Exercise of Parental Authority | Both parents exercise parental authority jointly over their minor children, whether born during or outside of marriage, provided that parentage has been established in respect of each parent. |
| Article 33 | Custody and Access | Where the parents of a child do not live together, whether by reason of divorce, separation, or otherwise, they shall agree on the arrangements for the custody of and access to the child. |
Chapter 6 — Maintenance Obligations
| Article | Title | Description |
|---|---|---|
| Article 34 | Obligation of Maintenance | Spouses owe each other maintenance during the subsistence of the marriage. |
| Article 35 | Determination and Enforcement | The amount and terms of maintenance may be determined by agreement between the parties. Any such agreement shall be in writing and registered with the Royal Chancellery. |