Article 241. Application for State registration of the dissolution of marriage (matrimony) of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

Home / RLA / Article 241. Application for State registration of the dissolution of marriage (matrimony) of the Marriage (Matrimony) and Family Code of the Republic of Kazakhstan

1. The application form for the dissolution of a marriage (matrimony) by mutual consent of spouses who do not have minor children together, for the state registration of the dissolution of a marriage (matrimony) on the basis of: a court decision that has entered into legal force declaring the spouse missing; a court decision that has entered into legal force declaring the spouse incompetent; a court verdict condemning the spouse for committing a crime to imprisonment for a term of at least three years; The decisions of the criminal prosecution body on the international wanted list after three years from the date of its authorization by the court are approved by the Ministry of Justice of the Republic of Kazakhstan.

The grounds for state registration of the dissolution of marriage (matrimony) provided for in paragraph 4 of Article 238 of this Code, as well as a court decision on the dissolution of marriage (matrimony) that has entered into legal force, are entered into the information system of civil status acts in electronic form.

2. A certificate of marriage (matrimony) must be attached to the application for divorce on the grounds provided for in paragraphs 2 and 4 of Article 238 of this Code, if it was issued on paper.

If the record of the act of marriage (matrimony) in the registration authority has not been preserved, it is required to restore the record of marriage (matrimony).

3. The guardian of an incapacitated spouse may, on the basis of a notarized power of attorney, authorize other persons to make an application for state registration of the dissolution of marriage (matrimony).

4. If one of the spouses cannot appear at the registration authority for the state registration of the dissolution of marriage (matrimony), with the exception of the state registration of the dissolution of marriage (matrimony) on the basis of a joint application of the spouses, in accordance with the Civil Code, they are given a power of attorney to represent his interests.

The footnote. Article 241 as amended by the Laws of the Republic of Kazakhstan dated 11/25/2019 No. 272-VI (effective after ten calendar days after the date of its first official publication); dated 07/14/2022 No. 141-VII (effective after ten calendar days after the date of its first official publication).

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