Article 2.5.2 Marriage, Civil Partnerships, and Domestic Relationships

(a) ICT Civil Registry: The Operator may establish an “ICT Civil Registry” or similar body within the ICT to maintain records of all legally recognised relationships formed or recognised within the ICT.

(b) Marriage and Civil Partnership Recognition: Marriage and civil partnerships between consenting adults shall be recognised under this Code provided that the parties meet the ICT residency or registration requirements as may be set out under this ICT Code.

(c) Formalisation and Registration: ICT marriage and civil partnerships shall be registered with the ICT Civil Registry to have legal effect. Parties may also enter into pre-nuptial or post-nuptial agreements as provided in Article 2.5.3, which shall govern matters of property ownership, financial support, maintenance, and dissolution.

(d) Default Legal Regime:

In the event of a separation, divorce, or dissolution of a recognised relationship, where no valid family law agreement exists between the parties, the ICT Family Court shall determine matters of property division, financial responsibilities, and spousal obligations in accordance with equitable principles. In doing so, the ICT Court shall consider the duration of the relationship, financial and non-financial contributions, the needs of dependent children, and other relevant circumstances to ensure a fair and just outcome.

(a) Recognition of De Facto and Customary Unions:

(i) The ICT shall recognise culturally specific unions, customary marriages, or de facto domestic relationships where:

(ii) The relationship is registered with the ICT Civil Registry;

(iii) There is evidence of mutual commitment, cohabitation, or shared parental responsibility; and

(iv) Recognition does not conflict with ICT public policy or fundamental rights under this ICT Code.

(v) Recognition of such unions may give rise to legal rights and responsibilities in matters of inheritance, guardianship, property, and maintenance, in accordance with this Chapter.

(e) Rights and Obligations of Spouses and Partners:

(vi) Each party to a marriage, civil partnership, or registered domestic relationship shall retain equal legal standing and the freedom to determine the terms of their partnership, subject to the following default principles (which may be overridden by a valid family law agreement):

(vii) A mutual obligation to contribute fairly to shared financial responsibilities, proportionate to ability and agreement;

(viii) The right to access jointly acquired or shared property, financial records, and information necessary for the care of dependants;

(ix) A presumption in favour of personal autonomy in identity, employment, and residence, subject to reasonable accommodations mutually agreed or imposed by the ICT Family Court in the best interests of dependants.

(b) Safeguards Against Sham or Coercive Unions:

(i) The ICT Civil Registry may refuse to register, or the ICT Family Court may annul, any relationship that appears to have been entered into primarily for the purposes of:

(ii) Evading ICT residency, tax, or inheritance laws;

(iii) Circumventing immigration or foreign legal barriers;

(iv) Exploiting vulnerable persons or facilitating human trafficking;

(v) Other unlawful purposes.

(vi) The Operator may issue further rules or guidance to assist in detecting and reviewing such cases, with procedural fairness at the forefront of relevant considerations.

(c) Relationship Duration and Legal Effect:

(i) Legal consequences arising from a marriage, civil partnership, or domestic relationship may depend on the duration of the union, including for the purposes of property division, maintenance, and succession.

(ii) Short-term or recently formed relationships shall not attract the same legal obligations unless there are children or compelling dependency considerations.

(d) Multi-Jurisdictional Relationships:

Where a marriage or partnership is simultaneously governed by the ICT Code and another jurisdiction:

(i) Parties may select the applicable jurisdiction by agreement, provided it does not undermine the fundamental rights protected under this ICT Code;

(ii) In the absence of agreement, the ICT Family Court shall apply the jurisdiction with the closest connection to the relationship’s formation or ongoing substance, having regard to domicile, habitual residence, and shared intentions.

(e) Recognition of Foreign-Registered Relationships:

(i) Marriages, civil partnerships, or domestic relationships legally formed or registered in a foreign jurisdiction shall be recognised under this ICT Code in the ICT where:

(ii) The relationship was valid under the laws of the jurisdiction in which it was formed; and

(iii) Recognition is not contrary to ICT public policy, fundamental rights, or the procedural safeguards of the ICT.

(iv) Such recognition may confer the same rights and obligations under this Chapter as relationships registered within the ICT, including for the purposes of maintenance, property, guardianship, and inheritance.

(v) The ICT Civil Registry may require documentation or certification attesting to the validity and nature of the foreign-registered relationship.