Dissolution of Marriage Where There Are No Common Minor Children or Joint Property
On 5 April 2003, K.Zh.K. entered into a formally registered marriage with a citizen of the Republic of Kazakhstan, K.K.Ye., as evidenced by Marriage Certificate No. 56-39-16-542740 dated 5 April 2003. The parties have no children from the marriage and have no property or other claims against each other. The marital relationship between the parties ceased in 2010 due to incompatibility of character.
The place of residence and contact details of K.K.Ye. are unknown.
Pursuant to Article 19 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family”, dissolution of marriage (matrimony) through judicial proceedings is provided for.
Article 19. Dissolution of Marriage (Matrimony) Through Judicial Proceedings
- Marriage (matrimony) shall be dissolved through judicial proceedings where the court establishes that the further cohabitation of the spouses and preservation of the family are impossible.
- Dissolution of marriage (matrimony) through judicial proceedings shall be carried out in the following cases:
- where the spouses have common minor children, except for the cases provided for by paragraph 2 of Article 17 of this Code;
- where one of the spouses does not consent to the dissolution of the marriage (matrimony), and in other cases provided by law.
Article 22 of the Code provides for dissolution of marriage (matrimony) through judicial proceedings on other grounds.
- Where spouses having common minor children mutually consent to the dissolution of marriage (matrimony), and there are no property or other claims between the spouses, the court may dissolve the marriage (matrimony) without determining the reasons for its dissolution.
Pursuant to paragraph 7 of Article 30 of the Civil Procedure Code of the Republic of Kazakhstan, claims for dissolution of marriage may be filed at the place of residence of the plaintiff where minor children reside with the plaintiff.
Pursuant to Article 103 of the Civil Procedure Code, the procedure for payment and the amount of the state duty, as well as the grounds for exemption from payment thereof, shall be determined by the Code of the Republic of Kazakhstan “On Taxes and Other Obligatory Payments to the Budget” (the Tax Code).
Pursuant to subparagraph 5) of paragraph 1 of Article 610 of the Tax Code of the Republic of Kazakhstan, the state duty payable on statements of claim for dissolution of marriage amounts to 0.3 MCI (Monthly Calculation Index).
Based on the foregoing, and guided by Articles 19–22 of the Code of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” and Articles 30, 148–149 of the Civil Procedure Code of the Republic of Kazakhstan, the plaintiff requested the court:
To dissolve the marriage registered under No. 56-39-16-542740 dated 5 April 2003 between K.Zh.K. and K.K.Ye.
On 2 February 2026, the Talgar District Court of Almaty Region, composed of Presiding Judge D.T. Koishibayev, with R.V. Mikhailova acting as the court hearing secretary, having considered the electronic civil case at an open court hearing,
Guided by Articles 223–226 of the Civil Procedure Code, the court ruled as follows:
The claim of K.Zh.K. for dissolution of marriage shall be granted.
The marriage between K.Zh.K. and K.K.Ye., registered on 5 April 2003 in the Marriage Registration Book under No. 56-39-16-542740 by the registration authority — the State Institution “Office of the Akim of Talgar District” — shall be dissolved.
The marriage shall be deemed terminated from the moment the judgment enters into legal force.
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