of September 27, 2012 No. 8
About modification and amendments in some resolutions of the Plenum of the Supreme Court of the Republic of Belarus
Due to the changes in the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:
bring the following changes and amendments in resolutions of the Plenum of the Supreme Court of the Republic of Belarus:
1) item 12 of the resolution of the Plenum of the Supreme Court of the Republic of Belarus of June 22, 2000 No. 5 "About practice of application by courts of the legislation by hearing of cases on annulment of marriage" (2000, 66, 6/245) to state the national register of legal acts of the Republic of Belarus to No. in the following edition:
"12. Explain to courts that questions of relations between parents and children can be determined by the Marriage agreement (Art. 13 of the Code). Spouses have the right to change by mutual consent conditions of the Marriage agreement in this part, and also to require its forced execution judicially.
In the absence of the Marriage agreement or when in it not all questions of relations between parents and children are settled, according to Art. 38 of the Code of the spouse in case of annulment of marriage can sign among themselves the Agreement on children, and also on property and submit it for consideration of court. The agreement on children and the agreement on property consist spouses in simple written form both before legal proceedings, and in the course of consideration of the action of rescission of scrap.
In the Agreement on children of the spouse determine with which of them children will live, the procedure for communication with children and participations in their education of separately living parent, the size of children maintenance, procedure for departure from the Republic of Belarus of children and other questions of education and content of children after annulment of marriage if it does not violate the rights and legitimate interests of children and other persons and does not contradict the legislation of the Republic of Belarus.
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