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 |
|---|---|---|
| Art. 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. |
| Art. 20 | Requirements for Marriage | A marriage may be contracted only where each of the following requirements is satisfied:. |
| Art. 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. |
| Art. 22 | Nullity of Marriage | A marriage is void from the outset where:; A marriage is voidable where:. |
| Art. 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 |
|---|---|---|
| Art. 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. |
| Art. 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 |
|---|---|---|
| Art. 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. |
| Art. 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. |
| Art. 28 | Effects of Dissolution | Upon dissolution of the marriage, each spouse resumes full independence of personal status. |
Chapter 4 — Parentage
| Article | Title | Description |
|---|---|---|
| Art. 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. |
| Art. 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. |
| Art. 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 |
|---|---|---|
| Art. 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. |
| Art. 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 |
|---|---|---|
| Art. 34 | Obligation of Maintenance | Spouses owe each other maintenance during the subsistence of the marriage. |
| Art. 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. |