Decision of the Constitutional Court of the Republic of Belarus 28 December 2011 No. P-672/2011

The Constitutional Court reviewed the constitutionality of the law “on Amendments and Additions to the Code of the Republic of Belarus on Marriage and Family” dated 2011. The Court noted that the Constitution protects marriage, family, motherhood, fatherhood, and childhood. It further noted that the protection and strengthening of the family institution is an integral part of the State’s social policy and held that amendments to the Code are aimed at protecting the family. The Court further noted that the Constitutional guarantee on the equality of both spouses means equal rights and obligations, including the obligation, financially, to support the other spouse. This constitutional guarantee is implemented by the amendments to the Code as it expands the list of circumstances when one spouse can apply to a court for maintenance, including when that spouse is caring for a disabled common child. The Court also held that amendments to the Code establishing that certain contracts between the spouses, such as a prenuptial agreement and agreement on payment of alimony if they contain conditions regarding immovable property, have to be registered with the appropriate State organs, are aimed at ensuring legal certainty and consistency of legal regulation of marriage and family relationships. The Court held that the law “on Amendments and Additions to the Code of the Republic of Belarus on Marriage and Family” dated 2011 was constitutional as it was aimed at strengthening marriage and family institutions, and increasing the spouses’ awareness of their rights and responsibilities.